The remedies delivered to herein try collective as they are not private of any almost every other cures provided with law

23 Oct The remedies delivered to herein try collective as they are not private of any almost every other cures provided with law

Borrower agrees to pay so you can Financial practical attorneys’ charge and realistic legal expenditures incurred when you look at the implementing Lender’s liberties, powers and you may remedies around so it Arrangement and each almost every other Financing Document

Section 7.03 Due and you can Payable. Upon the occurrence of any Event of loans Holt Default which has not been waived in writing by Lender, Lender may, by notice to Borrower, declare all Obligations to be immediately due and payable, and any obligation of Lender to make any Loan Advance to Borrower shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to principal and interest, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Note or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of Lender to make any Loan Advance to Borrower shall immediately terminate. Lender e and exercise any or all of the rights, powers and remedies possessed by Lender, whether under this Agreement or any other Loan Document or afforded by applicable law.

An event regarding Standard hereunder and you can not as much as one Notice or under any of the Loan Documents will likely be deemed to be continuing except if and up until waived written down of the Bank, since the considering during the Area eight

Section 7.05 Standard Speed. Without regard to whether Lender has exercised any other rights or remedies hereunder, if an Event of Default shall have occurred and be continuing, the applicable Margin in respect of the Interest Rate under the Note shall be increased, to the extent permitted by law, as set forth in clauses (iii)(A) and (iii)(B), as applicable, of the definition of Margin.

Section 8.01 Whole Contract. This Agreement (including the Schedules and Exhibits hereto) constitutes the entire agreement of the parties hereto and supersedes any and all prior or contemporaneous agreements, written or oral, as to the matters contained herein, and no modification or waiver of any provision hereof or of the Note or any of the Loan Documents, nor consent to the departure by Borrower therefrom, shall be effective unless the same is in writing, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which it is given.

Section 8.02 Waivers, endment or waiver affected prior to this information VIII should end up being joining on Financial and you may Debtor; and you may Lender’s incapacity to help you require this new rigorous overall performance of every name, standing and other provision associated with the Contract, the fresh new Mention otherwise the Mortgage Data files, or to do so one right otherwise option hereunder otherwise thereunder, shall maybe not compose an excellent waiver because of the Bank of any such as for instance label, condition or any other supply otherwise Default or Knowledge out of Default into the commitment therewith, neither will an individual or partial take action of every instance proper otherwise answer preclude other otherwise upcoming do so, or even the take action of any almost every other correct or option; and you will one waiver of every such as for example term, status or any other provision otherwise of every such as Default otherwise Knowledge of Default will perhaps not affect or change this Agreement, the new Mention or any of the Financing Documents, and every identity, reputation or other supply for the Agreement, the fresh new Mention and Mortgage Data shall, this kind of enjoy, remain entirely push and you may perception and you can would be operative having regard to almost any other upcoming current otherwise subsequent Standard otherwise Experiences of Default during the commitment therewith. 02.