Acceleration; Termination. Upon the occurrence of an Event of Default described in Sections 12.1 through 12.18 above, inclusive, the Lender may and, without presentment, demand or notice of any kind all of which are hereby expressly waived by the Borrowers, declare all of the Obligations due or to become due from the Borrowers to the Lender and the Lender, whether under this Agreement, the Note or otherwise, immediately due and payable, anything in the Note or other evidence of the Obligations or in any of the other Loan Documents to the contrary notwithstanding.
Acceleration; Termination. Notwithstanding any provision to the contrary in this Agreement, (a) the applicable Lenders may, at any time after the occurrence and during the continuance of an Event of Default under the Financing Documents, declare the unutilized Commitments terminated and accelerate the Credit Agreement Obligations in accordance with the terms of the Credit Agreement, (b) the applicable Additional Secured Parties under any Series of Additional Credit Obligations may, at any time after the occurrence and during the continuance of an Event of Default under the applicable Additional Credit Document, terminate all commitments and accelerate such Additional Obligations under the applicable Additional Credit Documents, and (c) any applicable Interest Rate Hedge Bank may at any time after the occurrence and during the continuance of a Hedge Default cause the early termination of the relevant Interest Hedging Agreement in accordance with the terms thereof. No Remedies Instruction will be required to be taken or delivered in respect of such Event of Default or Hedge Default, as the case may be, prior to the applicable Lenders, any applicable Additional Secured Parties or any applicable Interest Rate Hedge Bank, as the case may be, taking such action.
Acceleration; Termination. (i) Terminate the Commitments and/or declare the principal of and interest on the Loans and the Reimbursement Obligations at the time outstanding, and all other amounts owed to the Lenders and to the Administrative Agent under this Agreement or any of the other Loan Documents (including, without limitation, all L/C Obligations, whether or not the beneficiaries of the then outstanding Letters of Credit shall have presented or shall be entitled to present the documents required thereunder) and all other Obligations, to be forthwith due and payable, whereupon the same shall immediately become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived by each Credit Party, anything in this Agreement or the other Loan Documents to the contrary notwithstanding, and/or terminate the Credit Facility and any right of the Borrower to request borrowings or Letters of Credit thereunder; provided, that upon the occurrence of an Event of Default specified in Section 12.1(h) or (i), the Credit Facility shall be automatically terminated and all Obligations shall automatically become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived by each Credit Party, anything in this Agreement or in any other Loan Document to the contrary notwithstanding; and
(ii) exercise on behalf of the Secured Parties all of its other rights and remedies under this Agreement, the other Loan Documents and Applicable Law, in order to satisfy all of the Obligations.
Acceleration; Termination. Upon the occurrence of an Event of Default described in Sections 9.1 through 9.12 above, inclusive, the Administrative Agent may, and, at the written request of the Required Lenders, shall, without presentment, demand or notice of any kind all of which are hereby expressly waived by the Borrower:
(a) declare all of the Obligations due or to become due from the Borrower to the Administrative Agent and the Lenders, whether under this Agreement, the Notes or otherwise, immediately due and payable, anything in the Notes or other evidence of the Obligations or in any of the other Loan Documents to the contrary notwithstanding, (b) terminate each Lender's Revolving Credit Commitment whereupon no Lender shall have any further obligation to make any Loan, (c) terminate the Designated Letter of Credit Issuer's obligation to issue Letters of Credit whereupon the Designated Letter of Credit Issuer shall not have any further obligation to issue any Letter of Credit hereunder and (d) terminate each Lender's obligation to participate in Letters of Credit issued after such termination of the obligation of the Designated Letter of Credit Issuer to issue Letters of Credit. In the circumstance that both the Required Lenders and the Required Term B Lenders have requested the Administrative Agent to take the foregoing actions, the Administrative Agent shall follow any specific instructions of the Required Lenders as to the actions to be taken to the extent not within the sole discretion of the Administrative Agent.
Acceleration; Termination. Upon the occurrence of and continuation of an Event of Default by the Company, Holder may, at its option, subject to any applicable cure period and other procedures set forth in Section 8 of the Purchase Agreement, by written notice to the Company (a) declare the unpaid principal amount together with all accrued interest thereon and any other amounts payable hereunder, immediately due and payable, and/or (b) exercise any or all of its rights, powers or remedies under Purchase Agreement or applicable Law; provided, however, that, upon the occurrence of a Bankruptcy Event, the unpaid principal and accrued interest under the Notes shall automatically accelerate and become immediately due and payable in its entirety.
Acceleration; Termination. The Lender may (i) declare the Commitments and the Credit Facilities and any obligation or commitment of the Lender hereunder to make Loans to the Borrowers or to issue Letters of Credit for the account of the Borrowers to be terminated, whereupon the same shall forthwith terminate, and (ii) declare the unpaid principal amount of the Loans, together with accrued and unpaid interest thereon, and all other Obligations then outstanding to be immediately due and payable, whereupon the same shall become and be forthwith due and payable by the Obligors to the Lender, without presentment, demand, protest or further notice of any kind, all of which are expressly waived by the Obligors; provided, that, in the case of any Default referred to in Section 7.1.6 (Insolvency), Section 7.1.7 (Bankruptcy), and 7.1.8 (Receivership) above, the Commitments and the Credit Facilities and any obligation or commitment of the Lender hereunder to make Loans to the Borrowers Obligors or to issue Letters of Credit for the account of the Borrowers shall immediately and automatically terminate and the unpaid principal amount of the Loans, together with accrued and unpaid interest thereon, and all other Obligations then outstanding shall be automatically and immediately due and payable by the Obligors to the Lender without notice, presentment, demand, protest or other action of any kind, all of which are expressly waived by the Obligors.
Acceleration; Termination. Without in any way limiting the right of CIT to demand payment of any portion of the Obligations payable on demand in accordance with Section 5.2 hereof, upon or at any time after the occurrence of an Event of Default and for so long as such Event of Default shall exist, CIT may in its discretion declare the principal of and any accrued interest on the Loans and all other Obligations to be, whereupon the same shall become without further notice or demand (all of which further notice and demand Borrower expressly waives), forthwith due and payable and Borrower shall forthwith pay to CIT the entire principal of and accrued and unpaid interest on the Loans and other Obligations plus reasonable attorneys' fees and expenses if such principal and interest are collected by or through an attorney-at-law. Notwithstanding the foregoing, upon the occurrence of an Event of Default specified in Section 11.1.3 hereof all of the Obligations shall become automatically due and payable without declaration, notice or demand by CIT and this Agreement shall automatically terminate as if terminated by CIT pursuant to Section 6.2.1 and with the effect set forth in Section 6.2.4 hereof.
Acceleration; Termination. (a) Notwithstanding anything contained to the contrary in this Pre-Payment Advance Agreement or the Supply Agreement, upon or after the occurrence of any Event of Default, upon or after the occurrence of any material breach of this Pre-Payment Advance Agreement or upon or after any representation or warranty hereunder not being true and correct in all material respects when made the full amount of the outstanding Pre-Payment Advances shall become due and payable by the Companies in immediately available funds in U.S. dollars on demand and EMPIRE shall be under no obligation to fund any remaining Installments.
(b) Notwithstanding anything to the contrary in this Pre-Payment Advance Agreement or in the Supply Agreement, if any portion of the Pre-Payment Advance or any interest accrued thereon remains unpaid on January 01, 2016, the entire remaining Pre-Payment Advance shall become immediately due and owing to Empire and shall be immediately paid by Companies.
(c) EMPIRE may in its sole and absolute discretion terminate its obligations hereunder at any time prior to June 30, 2011 by providing written notice thereof to any Company. Upon such termination, the EMPIRE shall have no further obligations hereunder and Companies shall not be obligated to repay the first Installment of the Pre-Payment Advance.
Acceleration; Termination. Except as otherwise set forth in Section 7.2.1, upon the occurrence of any Event of Default other than an Event of Default set forth in Section 7.1.1, the unpaid principal amount of and any accrued interest on any Loans shall at the option of Lender automatically become immediately due and payable, without presentment, demand, protest, notice or other requirements of any kind, all of which are hereby expressly waived by Borrowers, and all commitments of Lender hereunder shall terminate without further action of any kind. Upon acceleration, Lender, without notice to or demand upon Borrowers, which are expressly waived by Borrowers, may proceed to protect, exercise and enforce its rights and remedies under this Agreement and under the other Loan Documents and any other rights and remedies as are provided by law or equity. Lender may determine, in its sole discretion, the order and manner in which Lender's rights and remedies are to be exercised, and all payments received by Lender, shall be applied as follows: first, to all costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements, costs of maintaining, preserving and/or disposing of any of the real, personal, or mixed collateral and costs of settlement) incurred by Lender in collecting any Obligations by reason of such Event of Default; second, to accrued interest; third, to other Obligations in such order as Lender may determine in its sole discretion; and fourth, to Borrowers upon payment in full of all Obligations.
Acceleration; Termination. Administrative Agent may at any time and from time to time declare any or all of the Secured Indebtedness immediately due and payable. Upon any such declaration, such Secured Indebtedness shall, thereupon be immediately due and payable, without presentment, demand, protest, notice of protest, notice of acceleration or of intention to accelerate or any other notice or declaration of any kind, all of which are hereby expressly waived by Mortgagor.
