Upon the occurrence of an event of default, BR Capital may, at its absolute discretion, take one or more of the following actions, depending on the situation:
Option 1: Declare all outstanding amounts immediately due
BR Capital may declare that all outstanding amounts under the Investment Note immediately become due and payable in a single lump sum (“Amount Due”), and call upon Investors to vote on the appropriate recovery action.
Option 2: Request a restructuring proposal
BR Capital may require the Issuer to provide a proposal to restructure the Amount Due (“Restructuring Proposal”) within 30 days.
If the proposal is assessed to be viable, Investors may be called upon to vote on the proposed restructuring and recovery action.
Option 3: Proceed with recovery actions
If:
- the Issuer fails to provide a Restructuring Proposal within the required timeframe; or
- the proposal is assessed as not viable; and
- the default is not remedied within a specified period thereafter,
BR Capital may call upon Investors to vote on the appropriate recovery actions.
Option 4: Take other appropriate actions
BR Capital may take other actions as it deems appropriate in managing the default situation.
Investors will be notified via email of any developments relating to the default management and recovery process.