Common use of Acceleration, Etc Clause in Contracts

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof).

Appears in 2 contracts

Samples: Credit Agreement (Trover Solutions Inc), Credit Agreement (Healthcare Recoveries Inc)

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Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrower, the result which would occur upon the giving rights of written notice by the Administrative Agent as specified Agent, or any Lender to enforce its claims against the Borrower or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which that may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section Section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after for the Borrower's ’s (and any Subsidiary that is an account party) reimbursement obligations in respect thereof); and/or (e) exercise any other right or remedy available under any of the Credit Documents or applicable law; provided that, if an Event of Default specified in Section 10.1(h) shall occur with respect to the Borrower, the result that would occur upon the giving of written notice by the Administrative Agent as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any such notice.

Appears in 2 contracts

Samples: Credit Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Borrower (PROVIDED provided that, if an Event of Default specified in section 10.1(h11.1(g) shall occur with respect to the Borrower, the result which that would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; and/or (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct request that the Borrower to pay (shall pay, and the Borrower hereby agrees that on receipt of such notice or upon it shall pay if requested to do so by the occurrence of an Event of Default with respect to the Borrower under section 10.1(h)Administrative Agent, it will pay) to the Administrative Agent an amount of in cash and/or Cash Equivalents equal to 100% of the aggregate Stated Amount Letter of all Credit Outstandings and the Administrative Agent shall hold such payment as security for the reimbursement obligations of the Borrower in respect of Letters of Credit then outstanding (such amount pursuant to a cash collateral agreement to be held as security after entered into in form and substance reasonably satisfactory to the Borrower's reimbursement obligations Administrative Agent, each Letter of Credit Issuer and the Borrower (which shall permit certain investments in respect thereofCash Equivalents satisfactory to the Administrative Agent, each Letter of Credit Issuer and the Borrower until the proceeds are applied to the secured obligations).

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

Acceleration, Etc. Upon the occurrence of If any Event of DefaultDefault described in Section 8.01 occurs, then, and in every such event (other than an event with respect to the Company described in clause (e) or (f) of Section 8.01), and at any time thereafter, if any Event thereafter during the continuance of Default shall then be continuingsuch event, the Administrative Agent shall, upon at the written request of of, or may, with the consent of, the Required Lenders, by written notice to the BorrowerCompany, take any either or all both of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect to at the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses same or different times: (i) terminate the Commitments, and (ii) below thereupon the Commitments shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminatedterminate immediately, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare all Loans then outstanding to be due and payable in whole (or in part, in which case any principal not so declared to be due and payable may thereafter be declared to be due and payable), and thereupon the principal of the Loans so declared to be due and any payable, together with accrued interest in respect of all Loans, all Unpaid Drawings thereon and all fees and other obligations owing hereunder and thereunder to beof the Company accrued hereunder, whereupon the same shall become, forthwith become due and payable immediately, without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; Company and (iii) terminate any Letter exercise on behalf of Credit which may be terminated in accordance with its termsitself and the Lenders all rights and remedies available to it and the Lenders under the Loan Documents; and (iv) direct the Borrower to pay (and the Borrower hereby agrees that on receipt in case of such notice or upon the occurrence of an Event of Default any event with respect to the Borrower under section 10.1(h)Company described in clause (e) or (f) of Section 8.01, it will pay) to the Commitments shall automatically terminate and the principal of all Loans then outstanding, together with accrued interest thereon and all fees and other Obligations accrued hereunder, shall automatically become due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company, in each case without further act of the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof)or any Lender.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Global Payments Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Borrower (PROVIDED provided that, if an Event of Default specified in section 10.1(h11.1(h) shall occur with respect to the Borroweroccur, the result which that would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents to Table of Contents be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; and/or (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct request that the Borrower to pay (shall pay, and the Borrower hereby agrees that on receipt of such notice or upon it shall pay if requested to do so by the occurrence of an Event of Default with respect to the Borrower under section 10.1(h)Administrative Agent, it will pay) to the Administrative Agent an amount of in cash and/or Cash Equivalents equal to 100% of the aggregate Stated Amount Letter of all Credit Outstandings and the Administrative Agent shall hold such payment as security for the reimbursement obligations of the Borrower in respect of Letters of Credit then outstanding (such amount pursuant to a cash collateral agreement to be held as security after entered into in form and substance reasonably satisfactory to the Borrower's reimbursement obligations Administrative Agent, each Letter of Credit Issuer and the Borrower (which shall permit certain investments in respect thereofCash Equivalents satisfactory to the Administrative Agent, each Letter of Credit Issuer and the Borrower until the proceeds are applied to the secured obligations).

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (ia) and (iib) below shall occur automatically without the giving of any such notice): ): (ia) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof); and/or (i) take such other actions and exercise such other remedies as may be permitted under applicable law.

Appears in 1 contract

Samples: Credit Agreement (Royal Appliance Manufacturing Co)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the BorrowerCompany (which shall in turn immediately furnish a copy of the same to the other Borrowers), take any or all of the following actions actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against any Borrower, except as otherwise specifically provided for in this Agreement (PROVIDED provided that, if an Event of Default specified in section 10.1(h10.1(g) shall occur with respect to the any Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the each Borrower; (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct the Borrower Company to pay (and the Borrower Company hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the any Borrower under section 10.1(h10.1(g), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof).

Appears in 1 contract

Samples: Credit Agreement (Safety Components International Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the BorrowerBorrowers, take any or all of the following actions actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against any Borrower, except as otherwise specifically provided for in this Agreement (PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the any Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the each Borrower; (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct the Borrower Company to pay (and the Borrower Company hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the any Borrower under section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after for the BorrowerCompany's (and any Subsidiaries which are account parties) reimbursement obligations in respect thereof).

Appears in 1 contract

Samples: Credit Agreement (CTB International Corp)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrower, the result which would occur upon the giving rights of written notice by the Administrative Agent as specified Agent, or any Lender to enforce its claims against the Borrower or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Commitment Commitments terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations (other than any Obligations under any Designated Hedge Agreement) owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which that may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section Section 10.1(h), it will paywill) Cash Collateralize the Letter of Credit Outstandings (in an amount equal to the then-Outstanding Amount thereof); and/or (e) exercise any other right or remedy available under any of the Credit Documents or applicable law; provided that, if an Event of Default specified in Section 10.1(h) shall occur, the result that would occur upon the giving of written notice by the Administrative Agent an amount as specified in clauses (a) and/or (b) above shall occur automatically without the giving of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (any such amount to be held as security after the Borrower's reimbursement obligations in respect thereof)notice.

Appears in 1 contract

Samples: Credit Agreement (American Dental Partners Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent Agents shall, upon the written request of the Required Lenders, by written notice to the BorrowerBorrowers, take any or all of the following actions actions, without prejudice to the rights of any of the Administrative Agents, for itself or as collateral agent or otherwise, or any Lender to enforce its claims against the Borrowers or any other Credit Party (PROVIDED provided that, if an Event of Default specified in section 10.1(h10.1(g) shall occur with respect to the Borroweroccur, the result which would occur upon the giving of written notice by the Administrative Agent Agents as specified in clauses (i), (ii) and (iiiii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment and the obligation to issue Letters of Credit terminated, whereupon the Commitment and any such obligation of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the BorrowerBorrowers; (iii) terminate require the Borrowers to, and the Borrowers shall thereupon, deposit in a non-interest bearing account with the Administrative Agents, as cash collateral for their Obligations under the Credit Documents, an amount equal to the maximum amount currently or at any Letter time thereafter available to be drawn on all outstanding Letters of Credit which may be terminated in accordance with its termsCredit, and the Borrowers hereby pledge to the Administrative Agents and the Lenders and grant to the Administrative Agents and the Lenders a security interest in, all such cash as security for such Obligations; and and/or (iv) direct require the Borrower to pay (Borrowers to, and the Borrower hereby agrees that on receipt Borrowers shall thereupon cause to be issued one or more irrevocable letters of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) credit to the Administrative Agent Agents, as collateral for their Obligations under the Credit Documents, on terms, and from financial institutions, reasonably acceptable to the Administrative Agents in an aggregate stated amount of cash equal to the aggregate Stated Amount maximum amount currently or at any time thereafter available to be drawn on all outstanding Letters of Credit, and the Borrowers hereby pledge to the Administrative Agents and the Lenders and grant to the Administrative Agents and the Lenders a security interest in, the proceeds payable under such letters of credit as security for such Obligations. Upon the curing of all Letters existing Events of Credit then outstanding (Default to the satisfaction of the Required Lenders, the Administrative Agents shall return such amount cash collateral to be held as security after the Borrower's reimbursement obligations in respect thereof)Genlyte Xxxxxx.

Appears in 1 contract

Samples: Credit Agreement (Genlyte Group Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrowerrights of the Administrative Agent, the result which would occur upon Collateral Agent or any Lender to enforce its claims against the giving of written notice by the Administrative Agent as specified Borrower or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after for the Borrower's (and any Subsidiary which is an account party) reimbursement obligations in respect thereof); and/or (e) exercise any other right or remedy available under any of the Credit Documents or applicable law; provided that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any such notice.

Appears in 1 contract

Samples: Credit Agreement (Miami Computer Supply Corp)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent Agents shall, upon the written request of the Required Lenders, by written notice to the BorrowerBorrowers, take any or all of the following actions actions, without prejudice to the rights of any of the Administrative Agents, for itself or as collateral agent or otherwise, or any Lender to enforce its claims against the Borrowers or any other Credit Party (PROVIDED provided that, if an Event of Default specified in section 10.1(h12.1(g) shall occur with respect to the Borroweroccur, the result which would occur upon the giving of written notice by the Administrative Agent Agents as specified in clauses (i), (ii) and (iiiii) below shall occur automatically without the giving of any such notice): (i) declare the Total Revolving Commitment and the obligation to issue Letters of Credit terminated, whereupon the Commitment and any such obligation of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the BorrowerBorrowers; (iii) terminate require the Borrowers to, and the Borrowers shall thereupon, deposit in a non-interest bearing account with the Administrative Agents, as cash collateral for their Obligations under the Credit Documents, an amount equal to the maximum amount currently or at any Letter time thereafter available to be drawn on all outstanding Letters of Credit which may be terminated in accordance with its termsCredit, and the Borrowers hereby pledge to the Administrative Agents and the Lenders and grant to the Administrative Agents and the Lenders a security interest in, all such cash as security for such Obligations; and and/or (iv) direct require the Borrower to pay (Borrowers to, and the Borrower hereby agrees that on receipt Borrowers shall thereupon cause to be issued one or more irrevocable letters of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) credit to the Administrative Agent Agents, as collateral for their Obligations under the Credit Documents, on terms, and from financial institutions, reasonably acceptable to the Administrative Agents in an aggregate stated amount of cash equal to the aggregate Stated Amount maximum amount currently or at any time thereafter available to be drawn on all outstanding Letters of Credit, and the Borrowers hereby pledge to the Administrative Agents and the Lenders and grant to the Administrative Agents and the Lenders a security interest in, the proceeds payable under such letters of credit as security for such Obligations. Upon the curing of all Letters existing Events of Credit then outstanding (Default to the satisfaction of the Required Lenders, the Administrative Agents shall return such amount cash collateral to be held as security after the Borrower's reimbursement obligations in respect thereof)Genlyte Group.

Appears in 1 contract

Samples: Credit Agreement (Genlyte Group Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrowerrights of the Administrative Agent, the result which would occur upon Collateral Agent or any Lender to enforce its claims against the giving of written notice by the Administrative Agent as specified Borrower or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Revolving Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Collateral Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after for the Borrower's ’s and any other Letter of Credit Obligor’s reimbursement obligations in respect thereof); and/or (e) exercise any other right or remedy available under any of the Credit Documents or applicable law; provided that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any such notice.

Appears in 1 contract

Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrower, the result which would occur upon the giving rights of written notice by the Administrative Agent as specified Agent, or any Lender to enforce its claims against the Borrowers or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; Borrowers; (iiic) terminate any Letter of Credit which that may be terminated in accordance with its terms; and ; (ivd) direct the Borrower Borrowers to pay (and the Borrower Borrowers hereby agrees agree that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower Borrowers under section Section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after for the Borrower's (and any Subsidiary that is an account party) reimbursement obligations in respect thereof); and/or (e) exercise any other right or remedy available under any of the Credit Documents or applicable law; provided that, if an Event of Default specified in Section 10.1(h) shall occur with respect to a Borrower, the result that would occur upon the giving of written notice by the Administrative Agent as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any such notice.

Appears in 1 contract

Samples: Credit Agreement (Gibraltar Industries, Inc.)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (ia) and (iib) below shall occur automatically without the giving of any such notice): ): (ia) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof); and/or (e) take such other actions and exercise such other remedies as may be permitted under applicable law.

Appears in 1 contract

Samples: Credit Agreement (Royal Appliance Manufacturing Co)

Acceleration, Etc. Upon the occurrence of If any Event of DefaultDefault described in Section 8.01 occurs, then, and in every such event (other than an event with respect to any Borrower described in clause (e) or (f) of Section 8.01), and at any time thereafter, if any Event thereafter during the continuance of Default shall then be continuingsuch event, the Administrative Agent shall, upon at the written request of of, or may, with the consent of, the Required Lenders, by written notice to the BorrowerCompany, take any either or all both of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect to at the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses same or different times: (i) terminate the Commitments, and (ii) below thereupon the Commitments shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminatedterminate immediately, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare all Loans then outstanding to be due and payable in whole (or in part, in which case any principal not so declared to be due and payable may thereafter be declared to be due and payable), and thereupon the principal of the Loans so declared to be due and any payable, together with accrued interest in respect of all Loans, all Unpaid Drawings thereon and all fees and other obligations owing hereunder and thereunder to beof the Borrowers accrued hereunder, whereupon the same shall become, forthwith become due and payable immediately, without presentment, demand, protest or other notice of any kind, all of which are hereby waived by each of the Borrower; Borrowers, (iii) terminate any Letter of Credit which may be terminated require 4857-0343-40294880-4767-9669 v.93 that the Company Cash Collateralize the L/C Obligations (in accordance with its terms; an amount equal to the Minimum Collateral Amount) and (iv) direct the Borrower to pay (exercise on behalf of itself and the Borrower hereby agrees that on receipt Lenders all rights and remedies available to it and the Lenders under the Loan Documents; and in case of such notice or upon the occurrence of an Event of Default any event with respect to any Borrower described in clause (e) or (f) of Section 8.01, the Borrower under section 10.1(h)Commitments shall automatically terminate and the principal of all Loans then outstanding, it will pay) together with accrued interest thereon and all fees and other Obligations accrued hereunder, shall automatically become due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby waived by each of the Borrowers, and the obligation of the Company to Cash Collateralize the L/C Obligations as aforesaid shall become effective, in each case without further act of the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof)or any Lender.

Appears in 1 contract

Samples: Corra Transition Amendment (Global Payments Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent Agents shall, upon the written request of the Required Lenders, by written notice to the BorrowerBorrowers, take any or all of the following actions actions, without prejudice to the rights of any of the Administrative Agents, for itself or as collateral agent or otherwise, or any Lender to enforce its claims against the Borrowers or any other Credit Party (PROVIDED provided that, if an Event of Default specified in section 10.1(h12.1(g) shall occur with respect to the Borroweroccur, the result which would occur upon the giving of written notice by the Administrative Agent Agents as specified in clauses (i), (ii) and (iiiii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment and the obligation to issue Letters of Credit terminated, whereupon the Commitment and any such obligation of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the BorrowerBorrowers; (iii) terminate require the Borrowers to, and the Borrowers shall thereupon, deposit in a non-interest bearing account with the Administrative Agents, as cash collateral for their Obligations under the Credit Documents, an amount equal to the maximum amount currently or at any Letter time thereafter available to be drawn on all outstanding Letters of Credit which may be terminated in accordance with its termsCredit, and the Borrowers hereby pledge to the Administrative Agents and the Lenders and grant to the Administrative Agents and the Lenders a security interest in, all such cash as security for such Obligations; and and/or (iv) direct require the Borrower to pay (Borrowers to, and the Borrower hereby agrees that on receipt Borrowers shall thereupon cause to be issued one or more irrevocable letters of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) credit to the Administrative Agent Agents, as collateral for their Obligations under the Credit Documents, on terms, and from financial institutions, reasonably acceptable to the Administrative Agents in an aggregate stated amount of cash equal to the aggregate Stated Amount maximum amount currently or at any time thereafter available to be drawn on all outstanding Letters of Credit, and the Borrowers hereby pledge to the Administrative Agents and the Lenders and grant to the Administrative Agents and the Lenders a security interest in, the proceeds payable under such letters of credit as security for such Obligations. Upon the curing of all Letters existing Events of Credit then outstanding (Default to the satisfaction of the Required Lenders, the Administrative Agents shall return such amount cash collateral to be held as security after the Borrower's reimbursement obligations in respect thereof)Genlyte Group.

Appears in 1 contract

Samples: Credit Agreement (Genlyte Group Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Borrower or any other Credit Party in any manner permitted under applicable law: (a) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (b) declare the principal of and any accrued interest in respect of all Loans and all other Obligations owing hereunder and under the other Credit Documents to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; (c) exercise any other right or remedy available under any of the Credit Documents or applicable law; PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (ia) and and/or (iib) below above shall occur automatically without the giving of any such notice): ; and PROVIDED, FURTHER, that any declaration pursuant to clause (ib) declare above, or any other acceleration of the maturity of the Loans or any other Obligations, shall automatically and simultaneously terminate the Total Commitment terminatedCommitment, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof).

Appears in 1 contract

Samples: 364 Day Credit Agreement (Ferro Corp)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrowerrights of the Administrative Agent, the result which would occur upon Collateral Agent or any Lender to enforce its claims against the giving of written notice by the Administrative Agent as specified Borrower or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Collateral Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after for the Borrower's and any other Letter of Credit Obligor's reimbursement obligations in respect thereof).; and/or (e) exercise any other right or remedy available under any of the Credit Documents or applicable law;

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

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Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrowerrights of the Administrative Agent, the result which would occur upon Collateral Agent or any Lender to enforce its claims against the giving of written notice by the Administrative Agent as specified Borrower or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Revolving Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Collateral Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof).outstanding

Appears in 1 contract

Samples: Revolving Credit Agreement (Om Group Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Borrower (PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof).

Appears in 1 contract

Samples: Credit Agreement (NCS Healthcare Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrower, the result which would occur upon the giving rights of written notice by the Administrative Agent as specified or any Lender to enforce its claims against the Borrower or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after for the Borrower's (and any other Letter of Credit Obligor's) reimbursement obligations in respect thereof).; and/or (e) exercise any other right or remedy available under any of the Credit Documents or applicable law;

Appears in 1 contract

Samples: Credit Agreement (Ferro Corp)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrowerrights of the Administrative Agent, the result which would occur upon Collateral Agent or any Lender to enforce its claims against the giving of written notice by the Administrative Agent as specified Borrower or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Revolving Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Collateral Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after for the Borrower's and any other Letter of Credit Obligor's reimbursement obligations in respect thereof); and/or (e) exercise any other right or remedy available under any of the Credit Documents or applicable law; PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any such notice.

Appears in 1 contract

Samples: Revolving Credit Agreement (Om Group Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Borrower, except as otherwise specifically provided for in this Agreement (PROVIDED that, if an Event of Default specified in section 10.1(h10.1(g) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h10.1(g), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof).

Appears in 1 contract

Samples: Credit Agreement (Essef Corp)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Borrower, except as otherwise specifically provided for in this Agreement (PROVIDED provided that, if an Event of Default specified in section 10.1(h9.1(e) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately and any Commitment Commission shall forthwith become due and payable without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; (iii) enforce, as Administrative Agent (or direct the Collateral Agent to enforce), any or all of the Liens and security interests created pursuant to the Security Documents; (iv) terminate any Letter of Credit which may be terminated in accordance with its terms; and (ivv) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h9.1(e), it will pay) to the Administrative Collateral Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof).

Appears in 1 contract

Samples: Credit Agreement (Vencor Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Borrower (PROVIDED provided that, if an Event of Default specified in section 10.1(h11.1(h) shall occur with respect to the Borroweroccur, the result which that would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; and/or (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct request that the Borrower to pay (shall pay, and the Borrower hereby agrees that on receipt of such notice or upon it shall pay if requested to do so by the occurrence of an Event of Default with respect to the Borrower under section 10.1(h)Administrative Agent, it will pay) to the Administrative Agent an amount of in cash and/or Cash Equivalents equal to 100% of the aggregate Stated Amount Letter of all Credit Outstandings and the Administrative Agent shall hold such payment as security for the reimbursement obligations of the Borrower in respect of Letters of Credit then outstanding (such amount pursuant to a cash collateral agreement to be held as security after entered into in form and substance reasonably satisfactory to the Borrower's reimbursement obligations Administrative Agent, each Letter of Credit Issuer and the Borrower (which shall permit certain investments in respect thereofCash Equivalents satisfactory to the Administrative Agent, each Letter of Credit Issuer and the Borrower until the proceeds are applied to the secured obligations).

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Borrower in any manner permitted under applicable law (PROVIDED that, if an Event of Default specified in section 10.1(h10.1(g) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h10.1(g), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after for the Borrower's (and any Subsidiary which is an account party) reimbursement obligations in respect thereof).

Appears in 1 contract

Samples: Credit Agreement (Stoneridge Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the BorrowerBorrowers, take any or all of the following actions actions, without prejudice to the rights of the Administrative Agent, for itself or as collateral agent or otherwise, or any Lender to enforce its claims against the Borrowers or any other Credit Party (PROVIDED that, if an Event of Default specified in section 10.1(h10.1(g) shall occur with respect to the Borroweroccur, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i), (ii) and (iiiii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment and the obligation to issue Letters of Credit terminated, whereupon the Commitment and any such obligation of each Lender shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the BorrowerBorrowers; and/or (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct require the Borrower to pay (Borrowers to, and the Borrower hereby agrees that on receipt of such notice or upon Borrowers shall thereupon, deposit in a non-interest bearing account with the occurrence of Administrative Agent, as cash collateral for their Obligations under the Credit Documents, an Event of Default with respect amount equal to the Borrower under section 10.1(h)maximum amount currently or at any time thereafter available to be drawn on all outstanding Letters of Credit, it will pay) and the Borrowers hereby pledge to the Administrative Agent an amount of cash equal and the Lenders and grant to the aggregate Stated Amount Administrative Agent and the Lenders a security interest in, all such cash as security for such Obligations. Upon the curing of all Letters existing Events of Credit then outstanding (Default to the satisfaction of the Required Lenders, the Administrative Agent shall return such amount cash collateral to be held as security after the Borrower's reimbursement obligations in respect thereof)Parent.

Appears in 1 contract

Samples: Credit Agreement (Brush Engineered Materials Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the BorrowerCompany, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrowerrights of the Administrative Agent, the result which would occur upon Collateral Agent or any Lender to enforce its claims against the giving of written notice by the Administrative Agent as specified Borrowers or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; Borrowers; (iiic) terminate any Letter of Credit which may be terminated in accordance with its terms; and ; (ivd) direct the Borrower Borrowers to pay (and the each Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Collateral Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after for the Borrower's and any other Letter of Credit Obligor's reimbursement obligations in respect thereof); and/or (e) exercise any other right or remedy available under any of the Credit Documents or applicable law; provided that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Company or any other Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any such notice.

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrowerrights of the Administrative Agent, the result which would occur upon Collateral Agent or any Lender to enforce its claims against the giving of written notice by the Administrative Agent as specified Borrower or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations other Obligations owing hereunder and thereunder under the other Credit Documents to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after for the Borrower's (and any other Letter of Credit Obligor's) reimbursement obligations in respect thereof); and/or (e) exercise any other right or remedy available under any of the Credit Documents or applicable law; PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any such notice.

Appears in 1 contract

Samples: Credit Agreement (Anthony & Sylvan Pools Corp)

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent and/or the Collateral Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions (PROVIDED thatactions, if an Event of Default specified in section 10.1(h) shall occur with respect without prejudice to the Borrowerrights of the Administrative Agent, the result which would occur upon Collateral Agent or any Lender to enforce its claims against the giving of written notice by the Administrative Agent as specified Borrower or any other Credit Party in clauses any manner permitted under applicable law: (i) and (ii) below shall occur automatically without the giving of any such notice): (ia) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; ; (iib) declare the principal of and any accrued interest in respect of all Loans, all Unpaid Drawings and all obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; ; (iiic) terminate any Letter of Credit which may be terminated in accordance with its terms; and ; (ivd) direct the Borrower to pay (and the Borrower hereby agrees that on receipt of such notice or upon the occurrence of an Event of Default with respect to the Borrower under section 10.1(h), it will pay) pay to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security after the Borrower's reimbursement obligations in respect thereof); and/or (e) take such other actions and exercise any other right or remedy available under any of the Credit Documents or applicable law; PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any such notice.

Appears in 1 contract

Samples: Credit Agreement (Value City Department Stores Inc /Oh)

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