Borrower believes to expend so you can Lender practical attorneys’ charge and you may sensible courtroom find out here expenses incurred during the enforcing Lender’s legal rights, powers and you can remedies lower than so it Agreement and each almost every other Financing Document
Section 7.03 Due and you can Payable. Upon the occurrence of any Event of 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.
A conference regarding Standard hereunder and you can significantly less than one Mention or under any of the Loan Files might be deemed to be continuous except if and you can until waived on paper by the Financial, because the given inside Section 7
Section 7.05 Default Price. 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 Entire 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 in accordance with this particular article VIII should be binding on Bank and you may Borrower; and you can Lender’s failure so you can insist upon brand new strict efficiency of any term, standing and other provision in the Agreement, this new Notice otherwise all Mortgage Documents, or even to exercise any best or solution hereunder or thereunder, shall maybe not constitute good waiver by Financial of every instance identity, status and other provision or Default or Knowledge out of Default from inside the relationship therewith, neither shall one otherwise limited take action of any instance correct or solution preclude virtually any otherwise upcoming exercise, or the do it of any other right or option; and you may people waiver of every such term, position or any other provision or of any eg Default otherwise Enjoy of Standard shall perhaps not affect or transform this Arrangement, the fresh new Mention otherwise some of the Loan Records, and each label, position or any other provision on the Contract, brand new Notice together with Mortgage Files should, this kind of event, remain in full force and you can effect and you will would be medical with respect to virtually any almost every other following existing or then Standard or Knowledge out of Standard into the commitment therewith. 02.