Acceleration and Termination of Rights, Pre-Acceleration Rights. (1) If any Event of Default occurs, no Lender shall be under any further obligation to make Advances and the Required Lenders may instruct the Agent to give notice to the Borrower (a) declaring the Lenders' obligations to make Advances to be terminated, whereupon the same shall forthwith terminate, (b) declaring the Obligations or any of them to be forthwith due and payable, whereupon they shall become and be forthwith due and payable without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Borrower, and/or (c) demanding that the Borrower deposit forthwith with the Agent for the Lenders' benefit Collateral equal to the full face amount at maturity of all L/Cs and Banker's Acceptances then outstanding for its account. (2) Notwithstanding the preceding paragraph, if any Obligor having assets in excess of U.S. $25,000,000 (or the equivalent thereof in any other currency) becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, dissolution, arrangement, winding-up, relief of debtors or from creditors or the appointment of a receiver or trustee over any material part of its Property or analogous proceeding in any jurisdiction, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or any Lender, and without presentment, demand or protest, the Lenders' obligation to make Advances shall immediately terminate, the Obligations shall immediately become due and payable and the Borrower shall be obligated to deposit forthwith with the Agent for the Lenders' benefit Collateral equal to the full face amount at maturity of all L/Cs and Banker's Acceptances then outstanding for its account
Appears in 1 contract
Acceleration and Termination of Rights, Pre-Acceleration Rights. (1) If any Event of Default occurs, no Lender shall be under any further obligation to make Advances and the Required Lenders may instruct the Agent to give notice to the Borrower Borrowers (a) declaring the Lenders' ’ obligations to make Advances to be terminated, whereupon the same shall forthwith terminate, (b) declaring the Obligations or any of them to be forthwith due and payable, whereupon they shall become and be forthwith due and payable without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the BorrowerBorrowers, and/or (c) demanding that the applicable Borrower deposit forthwith with the Agent for the Lenders' ’ benefit Collateral equal to the full face amount at maturity of all L/Cs and Banker's ’s Acceptances then outstanding for its account.
(2) Notwithstanding the preceding paragraph, if any Obligor having assets in excess of U.S. $25,000,000 (or the equivalent thereof in any other currency) becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, dissolution, arrangement, winding-up, relief of debtors or from creditors or the appointment of a receiver or trustee over any material part of its Property or analogous proceeding in any jurisdiction, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or any Lender, and without presentment, demand or protest, the Lenders' ’ obligation to make Advances shall immediately terminate, the Obligations shall immediately become due and payable and the applicable Borrower shall be obligated to deposit forthwith with the Agent for the Lenders' ’ benefit Collateral equal to the full face amount at maturity of all L/Cs and Banker's ’s Acceptances then outstanding for its account
Appears in 1 contract
Samples: Credit Agreement (Convergys Corp)
Acceleration and Termination of Rights, Pre-Acceleration Rights. (1) If any Event of Default occurs, no Lender shall be under any further obligation to make Advances and the Required Lenders may instruct the Agent to give notice to the Borrower (a) declaring the Lenders' ’ obligations to make Advances to be terminated, whereupon the same shall forthwith terminate, (b) declaring the Obligations or any of them to be forthwith due and payable, whereupon they shall become and be forthwith due and payable without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Borrower, and/or (c) demanding that the Borrower deposit forthwith with the Agent for the Lenders' ’ benefit Collateral equal to the full face amount at maturity of all L/Cs and Banker's ’s Acceptances then outstanding for its account.
(2) Notwithstanding the preceding paragraph, if any Obligor having assets in excess of U.S. $25,000,000 (or the equivalent thereof in any other currency) becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, dissolution, arrangement, winding-up, relief of debtors or from creditors or the appointment of a receiver or trustee over any material part of its Property or analogous proceeding in any jurisdiction, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or any Lender, and without presentment, demand or protest, the Lenders' ’ obligation to make Advances shall immediately terminate, the Obligations shall immediately become due and payable and the Borrower shall be obligated to deposit forthwith with the Agent for the Lenders' ’ benefit Collateral equal to the full face amount at maturity of all L/Cs and Banker's ’s Acceptances then outstanding for its account
Appears in 1 contract
Samples: Credit Agreement (Convergys Corp)
Acceleration and Termination of Rights, Pre-Acceleration Rights. (1) If any Event of Default occurs, no Lender shall be under any further obligation to make Advances and the Required Lenders may instruct the Agent to give notice to the Borrower (a) declaring the Lenders' ’ obligations to make Advances to be terminated, whereupon the same shall forthwith terminate, (b) declaring the Obligations or any of them to be forthwith due and payable, whereupon they shall become and be forthwith due and payable without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Borrower, and/or (c) demanding that the Borrower deposit forthwith with the Agent for the Lenders' ’ benefit Collateral equal to the full face amount at maturity of all L/Cs and Banker's ’s Acceptances then outstanding for its account.
(2) Notwithstanding the preceding paragraph, if the CanWest Fund or any Obligor having assets in excess of U.S. $25,000,000 (or the equivalent thereof in any other currency) becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, dissolution, arrangement, winding-up, relief of debtors or from creditors or the appointment of a receiver or trustee over any material part of its Property or analogous proceeding in any jurisdiction, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent, the Collateral Agent or any Lenderthe Lenders, and without presentment, demand or protest, the Lenders' ’ obligation to make Advances shall immediately terminate, the Obligations shall immediately become due and payable and the Borrower shall be obligated to deposit forthwith with the Agent for the Lenders' ’ benefit Collateral equal to the full face amount at maturity of all L/Cs and Banker's ’s Acceptances then outstanding for its account.
(3) If an Event of Default has occurred and is continuing, the Borrower shall, upon demand by the Agent, cause all cash flow of the Obligors (after deduction of reasonable expenses relating thereto) to be paid directly to the Agent and shall take all such action and deliver all such documentation as the Agent may request or may otherwise be necessary in order to effect same, all such cash so paid to be applied on account of the Obligations in accordance with the terms hereof.
Appears in 1 contract
Acceleration and Termination of Rights, Pre-Acceleration Rights. (1) If any Event of Default occurs, no Lender shall be under any further obligation to make Advances and the Required Lenders may instruct the Agent to give notice to the Borrower (a) declaring the Lenders' ’ obligations to make Advances to be terminated, whereupon the same shall forthwith terminate, (b) declaring the Obligations or any of them to be forthwith due and payable, whereupon they shall become and be forthwith due and payable without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Borrower, and/or (c) demanding that the Borrower deposit forthwith with the Agent for the Lenders' ’ benefit Collateral equal to the full face amount at maturity of all L/Cs and Banker's ’s Acceptances then outstanding for its account.
(2) Notwithstanding the preceding paragraph, if any Obligor having assets in excess of U.S. $25,000,000 (or the equivalent thereof in any other currency) becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, dissolution, arrangement, winding-up, relief of debtors or from creditors or the appointment of a receiver or trustee over any material part of its Property property or analogous proceeding in any jurisdiction, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or any Lender, and without presentment, demand or protest, the Lenders' ’ obligation to make Advances shall immediately terminate, the Obligations shall immediately become due and payable and the Borrower shall be obligated to deposit forthwith with the Agent for the Lenders' ’ benefit Collateral equal to the full face amount at maturity of all L/Cs and Banker's ’s Acceptances then outstanding for its account
Appears in 1 contract