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 Treasury Manager, take any or all of the following actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against any Co-Borrower or some or all of the Co-Borrowers, 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 Co-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; and (ii) declare the principal of and any accrued interest in respect of all Loans, and all other Obligations owing hereunder, 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 Co-Borrowers.

Appears in 2 contracts

Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)

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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 LendersLender may, by written notice to the Treasury ManagerBorrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against any Co-the Borrower or some or all of the Co-Borrowers, except as otherwise specifically provided for any other Credit Party in this Agreement any manner permitted under applicable law: (provided that, if an Event of Default specified in section 10.1(h) shall occur with respect to the any Co-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): (ia) declare the Total Lender's Commitment terminated, whereupon the Commitment of each the Lender shall forthwith terminate immediately without any other notice of any kind; and ; (iib) declare the principal of and any accrued interest in respect of all Loans, and all other Obligations owing hereunder, Loans 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 Co-BorrowersBorrower; and/or (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 8.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Lender 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 (Mechanical Technology Inc)

Acceleration, Etc. Upon Subject to sections 8.12 and 9, 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 LendersLender may, by written notice to the Treasury ManagerBorrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against any Co-the Borrower or some or all of the Co-Borrowers, except as otherwise specifically provided for any other Credit Party in this Agreement any manner permitted under applicable law: (provided that, if an Event of Default specified in section 10.1(h) shall occur with respect to the any Co-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): (ia) declare the Total Commitment terminated, whereupon the Commitment of each the Lender shall forthwith terminate immediately without any other notice of any kind; and ; (iib) declare the principal of and any accrued interest in respect of all Loans, and all other Obligations obligations owing hereunder, 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 Co-BorrowersBorrower; and/or (c) take such other actions and exercise any other right or remedy available under any of the Credit Documents or applicable law; PROVIDED that, again subject to sections 8.12 and 9, 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 Lender as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any such notice.

Appears in 1 contract

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

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 LendersLender may, by written notice to the Treasury ManagerBorrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against any Co-the Borrower or some or all of the Co-Borrowers, except as otherwise specifically provided for any other Credit Party in this Agreement any manner permitted under applicable law: (provided that, if an Event of Default specified in section 10.1(h) shall occur with respect to the any Co-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): (ia) declare the Total Lender's Revolving Commitment terminated, whereupon the Revolving Commitment of each the Lender shall forthwith terminate immediately without any other notice of any kind; and ; (iib) declare the principal of and any accrued interest in respect of all Loans, and all other Obligations owing hereunder, Loans 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 Co-BorrowersBorrower; (c) apply the amounts held in the Debt Reserve Account in accordance with section 8.3; and/or (d) 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 8.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Lender 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 (Mechanical Technology 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 LendersLenders and only upon such request, by written notice to the Treasury ManagerBorrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against any Co-the Borrower or some or all of the Co-Borrowers, except as otherwise specifically provided for in this Agreement any other Credit Party (provided PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the any Co-BorrowerBorrower or the Guarantor, 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; and ; (ii) declare the principal of and any accrued interest in respect of any or all Loans, Loans and any or all other Obligations obligations owing hereunder, 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 Co-BorrowersBorrower and have been waived by the Borrower in its Notes; and (iii) exercise any other rights or remedies provided for in any of the Credit Documents or otherwise permitted under applicable law.

Appears in 1 contract

Samples: Master Construction Line of Credit Agreement (Alterra Healthcare Corp)

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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 Treasury ManagerCompany (which shall be authorized to receive such notice on behalf of all Borrowers), take any or all of the following actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Company or any Co-Borrower or some or all of the Co-Borrowers, except as otherwise specifically provided for in this Agreement other Credit Party (provided PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Company or any Co-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; and ; (ii) declare the principal of and any accrued interest in respect of any or all Loans, Loans and any or all other Obligations obligations owing hereunder, 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 Co-BorrowersCompany and have been waived by each Borrower in its Notes; and (iii) exercise any other rights or remedies provided for in any of the Credit Documents or otherwise permitted under applicable law.

Appears in 1 contract

Samples: Master Construction Line of Credit Agreement (Alternative Living Services 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 Majority Lenders, by written notice to the Treasury ManagerBorrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against any Co-the Borrower or some or all of the Co-Borrowers, except as otherwise specifically provided for any other Party in this Agreement any manner permitted under Applicable Law: (provided that, if an Event of Default specified in section 10.1(h) shall occur with respect to the any Co-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): (ia) declare the Total Commitment Notes terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately without any other notice of any kind; and ; (iib) declare the principal of and any accrued interest in respect of all Loansof the Notes, and all other Obligations owing hereunder, 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 Co-Borrowers.Borrower; and/or (c) take such other actions and exercise any other right or remedy available under any of the Loan Documents or applicable law; provided that, if an Event of Default specified in Section 8.01(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. Exhibit 10.3

Appears in 1 contract

Samples: Senior Subordinated Convertible Loan Agreement (Value City Department Stores Inc /Oh)

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