Common use of Acceleration Upon Other Event of Default Clause in Contracts

Acceleration Upon Other Event of Default. (a) If any Event of Default occurs for any reason (except the occurrence of any Event of Default described in Section 9.7 (Bankruptcy; Insolvency) of the Common Terms Agreement with respect to the Borrower, for which provision is made in Section 8.02 (Acceleration Upon Bankruptcy)), whether voluntary or involuntary, and is continuing (after giving effect to any cure of the applicable Event of Default), the Commercial Banks Facility Agent may, or upon the direction of the Required Banks shall, by written notice to the Borrower declare all or any portion of the outstanding principal amount of the Commercial Bank Loans and other Obligations to be due and payable or all the Commercial Banks Facility Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Commercial Bank Loans and other Obligations that have been declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, as the case may be, and such outstanding Commercial Banks Facility Commitments shall terminate. (b) Any declaration made pursuant to this Section 8.03 may, should the Required Banks in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Commercial Bank Loans has become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, has been entered; provided that, no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Acceleration Upon Other Event of Default. (a) If any Event of Default occurs for any reason (except the occurrence of any Event of Default described in Section 9.7 (Bankruptcy; Insolvency) of the Common Terms Agreement with respect to the Borrower, for which provision is made in Section 8.02 8.03 (Acceleration Upon Bankruptcy)), whether voluntary or involuntary, and is continuing (after giving effect to any cure of the applicable Event of Default), the Commercial Banks KSURE Covered Facility Agent may, or upon the direction of the Required Banks Lenders shall, by written notice to the Borrower declare all or any portion of the outstanding principal amount of the Commercial Bank KSURE Covered Facility Loans and other Obligations to be due and payable or all the Commercial Banks KSURE Covered Facility Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Commercial Bank KSURE Covered Facility Loans and other Obligations that have been declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, as the case may be, and such outstanding Commercial Banks KSURE Covered Facility Commitments shall terminate. (b) Any declaration made pursuant to this Section 8.03 8.04 may, should the Required Banks Lenders in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Commercial Bank KSURE Covered Facility Loans has become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, has been entered; provided that, no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Acceleration Upon Other Event of Default. (a) If any Event of Default occurs for any reason (except the occurrence of any Event of Default described other than set forth in Section 9.7 (Bankruptcy; Insolvency) of the Common Terms Agreement with respect to the Borrower, for which provision is made in Section 8.02 (Acceleration Upon Bankruptcy)), whether voluntary or involuntary, 12.1 and is continuing (after giving effect to unless cured during any applicable cure of the applicable Event of Defaultperiod), the Commercial Banks Facility P1 Administrative Agent may, or upon the direction of the Required Banks Majority Senior Lenders shall, by written notice to the Borrower take any or all of the following actions: (a) declare all or any portion of the outstanding principal amount of the Commercial Bank Senior Loans and all other Obligations to be that are not already due and payable or all the Commercial Banks Facility Commitments (if not theretofore terminated) to be terminatedimmediately due and payable; (b) terminate all outstanding Senior Loan Commitments; and (c) with respect to any Revolving LCs outstanding at the time of such Event of Default, whereupon require the Borrower to make deposits in the XX Xxxx Collateral Account in accordance with Section 3.7. The full unpaid amount of such Commercial Bank Senior Loans and other Obligations that have been declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, as the case may be, and such outstanding Commercial Banks Facility Senior Loan Commitments shall terminate. (b) . Any declaration made pursuant to this Section 8.03 12.2 may, should the Required Banks Majority Senior Lenders in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Commercial Bank Senior Loans has become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, has been entered; provided thatprovided, that no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Acceleration Upon Other Event of Default. (a) If any Event of Default occurs for any reason (except the occurrence of any Event of Default described other than set forth in Section 9.7 (Bankruptcy; Insolvency) of the Common Terms Agreement with respect to the Borrower, for which provision is made in Section 8.02 (Acceleration Upon Bankruptcy)), whether voluntary or involuntary, 10.1 and is continuing (after giving effect to any cure of the applicable Event of Default)continuing, the Commercial Banks Facility Administrative Agent may, or upon the direction of the Required Banks Majority Senior Lenders shall, by written notice to the Borrower take any or all of the following actions: (a) declare all or any portion of the outstanding principal amount of the Commercial Bank Senior Loans and all other Obligations to be that are not already due and payable or all the Commercial Banks Facility Commitments (if not theretofore terminated) to be terminated, whereupon the immediately due and payable (it being understood that no Make-Whole Amount or premium shall be payable); and (b) terminate all outstanding Senior Loan Commitments. The full unpaid amount of such Commercial Bank Senior Loans and other Obligations that have been declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, as the case may be, and such outstanding Commercial Banks Facility Senior Loan Commitments shall terminate. (b) . Any declaration made pursuant to this Section 8.03 10.2 may, should the Required Banks Majority Senior Lenders in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Commercial Bank Senior Loans has become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, has been entered; provided thatprovided, that no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Acceleration Upon Other Event of Default. (a) If any Event of Default occurs for any reason (except the occurrence of any Event of Default described other than set forth in Section 9.7 (Bankruptcy; Insolvency) of the Common Terms Agreement with respect to the Borrower, for which provision is made in Section 8.02 (Acceleration Upon Bankruptcy)), whether voluntary or involuntary, 12.1 and is continuing (after giving effect to unless cured during any applicable cure of the applicable Event of Defaultperiod), the Commercial Banks Facility TCF Administrative Agent may, or upon the direction of the Required Banks Majority Senior Lenders shall, by written notice to the Borrower take any or all of the following actions: (a) declare all or any portion of the outstanding principal amount of the Commercial Bank Construction/Term Loans and all other Obligations to be that are not already due and payable or all the Commercial Banks Facility Commitments (if not theretofore terminated) to be terminated, whereupon the immediately due and payable; and (b) terminate all outstanding Construction/Term Loan Commitments. The full unpaid amount of such Commercial Bank Construction/Term Loans and other Obligations that have been declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, as the case may be, and such outstanding Commercial Banks Facility Construction/Term Loan Commitments shall terminate. (b) . Any declaration made pursuant to this Section 8.03 12.2 may, should the Required Banks Majority Senior Lenders in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Commercial Bank Construction/Term Loans has become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, has been entered; provided thatprovided, that no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Acceleration Upon Other Event of Default. (a) If any Event of Default occurs for any reason (except the occurrence of any Event of Default described in Section 9.7 (Bankruptcy; Insolvency) of the Common Terms Agreement with respect to the Borrower, for which provision is made in Section 8.02 8.03 (Acceleration Upon Bankruptcy)), whether voluntary or involuntary, and is continuing (after giving effect to any cure of the applicable Event of Default), the Commercial Banks KEXIM Facility Agent may, or upon the direction of the Required Banks Lenders shall, by written notice to the Borrower declare all or any portion of the outstanding principal amount of the Commercial Bank KEXIM Covered Facility Loans and other Obligations to be due and payable or all the Commercial Banks KEXIM Covered Facility Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Commercial Bank KEXIM Covered Facility Loans and other Obligations that have been declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, as the case may be, and such outstanding Commercial Banks KEXIM Covered Facility Commitments shall terminate. (b) Any declaration made pursuant to this Section 8.03 8.04 may, should the Required Banks Lenders in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Commercial Bank KEXIM Covered Facility Loans has become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, has been entered; provided that, no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Acceleration Upon Other Event of Default. (a) If any Event of Default occurs for any reason (except the occurrence of any Event of Default described in Section 9.7 (Bankruptcy; Insolvency) of the Common Terms Agreement with respect to the Borrower, for which provision is made in Section 8.02 (Acceleration Upon Bankruptcy)), whether voluntary or involuntary, and is continuing (after giving effect to any cure of the applicable Event of Default), the Commercial Banks KEXIM Facility Agent may, or upon the direction of the Required Banks KEXIM shall, by written notice to the Borrower declare all or any portion of the outstanding principal amount of the Commercial Bank KEXIM Direct Facility Loans and other Obligations to be due and payable or all the Commercial Banks KEXIM Direct Facility Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Commercial Bank KEXIM Direct Facility Loans and other Obligations that have been declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, as the case may be, and such outstanding Commercial Banks KEXIM Direct Facility Commitments shall terminate. (b) Any declaration made pursuant to this Section 8.03 may, should the Required Banks KEXIM in their its sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Commercial Bank KEXIM Direct Facility Loans has become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, has been entered; provided that, no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Acceleration Upon Other Event of Default. (a) If any Event of Default occurs for any reason (except the occurrence of any Event of Default described in Section 9.7 (Bankruptcy; Insolvency) of the Common Terms Agreement with respect to the Borrower, for which provision is made in Section 8.02 (Acceleration Upon Bankruptcy)), whether voluntary or involuntary, and is continuing (after giving effect to any cure of the applicable Event of Default), the Commercial Banks Facility Term Loan A Administrative Agent may, or upon the direction of the Required Banks shall, by written notice to the Borrower declare all or any portion of the outstanding principal amount of the Commercial Bank Construction/Term Loans and other Obligations to be due and payable or all the Commercial Banks Facility Construction/Term Loan Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Commercial Bank Construction/Term Loans and other Obligations that have been declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, as the case may be, and such outstanding Commercial Banks Facility Construction/Term Loan Commitments shall terminate. (b) Any declaration made pursuant to this Section 8.03 may, should the Required Banks in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Commercial Bank Construction/Term Loans has become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, has been entered; provided that, no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Acceleration Upon Other Event of Default. (a) If any Event of Default occurs for any reason (except the occurrence of any Event of Default described other than set forth in Section 9.7 (Bankruptcy; Insolvency) of the Common Terms Agreement with respect to the Borrower, for which provision is made in Section 8.02 (Acceleration Upon Bankruptcy)), whether voluntary or involuntary, 10.1 and is continuing (after giving effect to any cure of the applicable Event of Default)continuing, the Commercial Banks Facility Administrative Agent may, or upon the direction of the Required Banks Majority Senior Lenders shall, by written notice to the Borrower take any or all of the following actions: (a) declare all or any portion of the outstanding principal amount of the Commercial Bank Senior Loans and all other Obligations to be that are not already due and payable or all the Commercial Banks Facility Commitments (if not theretofore terminated) to be terminated, whereupon the immediately due and payable (it being understood that no Make-Whole Amount or premium shall be payable); and (b) terminate all outstanding Senior Loan Commitments. The full unpaid amount of such Commercial Bank Senior Loans and other Obligations that have been declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, as the case may be, and such outstanding Commercial Banks Facility Senior Loan Commitments shall terminate. (b) . Any declaration made pursuant to this Section 8.03 10.2 |US-DOCS\143711048.26|| may, should the Required Banks Majority Senior Lenders in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Commercial Bank Senior Loans has become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, has been entered; provided thatprovided, that no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.