Common use of Acknowledgment Clause in Contracts

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 77 contracts

Samples: Credit Agreement (Vertex, Inc.), Credit Agreement (Nacco Industries Inc), Credit Agreement (TWFG, Inc.)

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Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 28 contracts

Samples: Credit Agreement (Crocs, Inc.), Credit Agreement (RPM International Inc/De/), Credit Agreement (Crocs, Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 23 contracts

Samples: Revolving Credit Agreement (Ii-Vi Inc), Credit Agreement (WESTMORELAND COAL Co), Revolving Credit Facility (Ii-Vi Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 17 contracts

Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Black Box Corp)

Acknowledgment. The Each Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower the Borrowers upon demand by the Administrative Agent.

Appears in 10 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 4.4 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 8 contracts

Samples: Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Energy Co)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 7 contracts

Samples: Credit Agreement (Covance Inc), Credit Agreement (Federated Investors Inc /Pa/), Credit Agreement (Rhino Resource Partners LP)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest referred to in this Section 3.03 shall be payable by Borrower the Borrowers upon demand by Administrative the Agent.

Appears in 6 contracts

Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.

Appears in 6 contracts

Samples: Credit Agreement (Steel Partners Holdings L.P.), Credit Agreement (Healthcare Services Group Inc), Revolving Credit Agreement (Steel Partners Holdings L.P.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agent.

Appears in 6 contracts

Samples: Credit Agreement (Aimco Properties L.P.), Credit Agreement (Handy & Harman Ltd.), Credit Agreement (Handy & Harman Ltd.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (MSA Safety Inc), Credit Agreement (MSA Safety Inc), Revolving Credit Facility (Erie Indemnity Co)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Super Test Petroleum Inc), Credit Agreement (Kwik Fil Inc), Credit Agreement (Vulcan Asphalt Refining Corp)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 5.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Audio Communications Network Inc), Credit Agreement (Champion Enterprises Inc), Credit Agreement (Party City Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates rate referred to in this Section 4.3 3.3.1 [Default Rate] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 5 contracts

Samples: Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Construction Partners, Inc.), Term Loan Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)

Acknowledgment. The Borrower Borrowers acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by the Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Glatfelter Corp), Credit Agreement (Glatfelter Corp), Credit Agreement (Glatfelter P H Co)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 2.13(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by the Applicable Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 4 contracts

Samples: Revolving Credit Facility (Stoneridge Inc), Credit Agreement (Stoneridge Inc), Credit Agreement (Stoneridge Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative the Agent.

Appears in 4 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Paying Agent.

Appears in 4 contracts

Samples: Revolving Credit Facility (Consol Energy Inc), Credit Agreement (Consol Energy Inc), Revolving Credit Facility (Consol Energy Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Term Loan Credit Agreement (New Jersey Resources Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (KI Holdings Inc.), Credit Agreement (Koppers Inc), Credit Agreement (Koppers Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (Big Lots Inc), Credit Agreement (Bearingpoint Inc), Revolving Credit Facility (KPMG Consulting Inc)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 4 contracts

Samples: Revolving Credit Facility (Finish Line Inc /In/), Revolving Credit Facility Credit Agreement (Finish Line Inc /In/), Revolving Credit Facility (Finish Line Inc /In/)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Helios Technologies, Inc.), Credit Agreement (Helios Technologies, Inc.), Credit Agreement (Helios Technologies, Inc.)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Revolving Credit Facility (MSA Safety Inc), Revolving Credit Facility (MSA Safety Inc), Revolving Credit Facility (MSA Safety Inc)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Cincinnati Financial Corp), Credit Agreement (Cincinnati Financial Corp), Credit Agreement (Cincinnati Financial Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates rate referred to in this Section 4.3 3.3.1 (Default Rate) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Revolving Credit Facility (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc)

Acknowledgment. The Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Triumph Group Inc /), Revolving Credit Facility (Triumph Group Inc /), Revolving Credit Facility (Triumph Group Inc /)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative AgentLender.

Appears in 3 contracts

Samples: Credit Agreement (Park Electrochemical Corp), Revolving Credit Agreement (EPAM Systems, Inc.), Credit Agreement (Park Electrochemical Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 2.03(f) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentAgent or (if earlier) on the first Settlement Date occurring after such interest accrues.

Appears in 3 contracts

Samples: Receivables Financing Agreement (Sabre Corp), Receivables Financing Agreement (Evoqua Water Technologies Corp.), Receivables Financing Agreement (Sabre Corp)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Revolving Credit Facility (Retail Ventures Inc), Revolving Credit Facility (DSW Inc.), Revolving Credit Facility (DSW Inc.)

Acknowledgment. The Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Revolving Credit Facility (Triumph Group Inc /), Credit Agreement (Triumph Group Inc /), Credit Agreement (Suburban Lodges of America Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans Loan or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Term Loan Agreement (Dayton Power & Light Co), Term Loan Agreement (Ipalco Enterprises, Inc.), Term Loan Agreement (Ipalco Enterprises, Inc.)

Acknowledgment. The Each Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Revolving Credit Facility (Triumph Group Inc), Revolving Credit Facility (Triumph Group Inc), Credit Agreement (Triumph Group Inc /)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Tb Woods Corp), Credit Agreement (Primesource Corp), Revolving Credit Facility (Primesource Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Revolving Credit Facility (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Revolving Credit Facility (Penn Virginia Resource Partners L P), Revolving Credit Facility (Penn Virginia Resource Partners L P), Revolving Credit Facility (Penn Virginia Resource Partners L P)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Sun Hydraulics Corp), Revolving Credit Facility (Sun Hydraulics Corp), Revolving Credit Facility Agreement (Sun Hydraulics Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.02(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Majority Lenders or by the Administrative AgentAgent at the written direction of the Majority Lenders.

Appears in 3 contracts

Samples: Senior Secured Term Loan Credit Agreement (Eos Energy Enterprises, Inc.), Senior Secured Term Loan Credit Agreement (AST SpaceMobile, Inc.), Senior Secured Term Loan Credit Agreement (Soundhound Ai, Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.; and

Appears in 2 contracts

Samples: Credit Agreement (Too, Inc.), Credit Agreement (Tween Brands, Inc.)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (CALGON CARBON Corp), Credit Agreement (Calgon Carbon Corporation)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Covance Inc), Credit Agreement (Covance Inc)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by such Borrower upon demand by Administrative the Agent.

Appears in 2 contracts

Samples: Revolving Credit Facility Credit Agreement (Brady Corp), Revolving Credit Facility (Brady Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentAdministrator.

Appears in 2 contracts

Samples: Receivables Financing Agreement (Worthington Industries Inc), Receivables Financing Agreement (Worthington Industries Inc)

Acknowledgment. The Borrower Borrowers acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative the Agent.

Appears in 2 contracts

Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; , and all such increased interest shall be payable by each Borrower upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Interface Security Systems, L.L.C.), Credit Agreement (Interface Security Systems Holdings Inc)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Designer Brands Inc.), Revolving Credit Agreement (DSW Inc.)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.. The Administrative Agent will notify the Borrowers if the rate of interest is increased pursuant to this Section 4.3. 4.4

Appears in 2 contracts

Samples: Credit Agreement (DLH Holdings Corp.), Credit Agreement (DLH Holdings Corp.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Meridian Bioscience Inc), Credit Agreement (Meridian Bioscience Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all . All such interest shall be payable by the Borrower upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest owing from the Borrowers shall be payable by Borrower Borrowers upon demand by the Administrative Agent.

Appears in 2 contracts

Samples: Revolving Credit Facility (Big Lots Inc), Credit Agreement (Big Lots Inc)

Acknowledgment. The the Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Revolving Credit Facility (Big Lots Inc), Credit Agreement (Big Lots Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Factset Research Systems Inc), Revolving Credit Facility (Factset Research Systems Inc)

Acknowledgment. The Borrower acknowledges acknowledge that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Bank is entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agentthe Bank.

Appears in 2 contracts

Samples: Credit Agreement (Moog Inc.), Credit Agreement (Moog Inc.)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Revolving Credit Facility (Allegheny Technologies Inc), Credit Agreement (Allegheny Technologies Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 4.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Freemarkets Inc), Credit Agreement (Freemarkets Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.

Appears in 2 contracts

Samples: Receivables Financing Agreement (Sylvamo Corp), Receivables Financing Agreement (Sylvamo Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Too Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.02(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by the Majority Lenders or by the Administrative AgentAgent at the written direction of the Majority Lenders.

Appears in 1 contract

Samples: Senior Secured First Lien Term Loan Credit Agreement (Clean Energy Fuels Corp.)

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Acknowledgment. The Borrower acknowledges acknowledge that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Bank is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agentthe Bank.

Appears in 1 contract

Samples: Credit Agreement (Moog Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates rate referred to in this Section 4.3 3.3.1 (Default Rate) reflects, among other things, the fact that such Term Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Term Loan Facility (Hovnanian Enterprises Inc)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional CREDIT AGREEMENT compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Internet Capital Group Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03(a) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Receivables Financing Agreement (NuStar Energy L.P.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Acknowledgment] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Excelsior Lasalle Property Fund Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.. 50

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Chesapeake Utilities Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.2 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such riskrisk in the form as set forth in this Section 3.2 [Interest After Default]; and all such interest shall be payable by Borrower upon demand by Administrative Agentthe Lender.

Appears in 1 contract

Samples: Credit Agreement (Erie Indemnity Co)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Senior Multi Currency Revolving Credit Facility (Viasys Healthcare Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Revolving Credit Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit Facility (KPMG Consulting Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentLender.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 2.05(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Receivables Financing Agreement (Alliance Resource Partners Lp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Loan Agreement (BioFuel Energy Corp.)

Acknowledgment. The Borrower Borrowers acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Option Care Inc/De)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 0 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Orius Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (U S Interactive Inc/Pa)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Bank is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentBank.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (New Jersey Resources Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest referred to in this Section 3.03 shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Ace LTD)

Acknowledgment. The Each Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower the Borrowers upon demand by the Administrative Agent.. NAI-0000000000v6

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.02(b) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by the Majority Lenders or by the Administrative AgentAgent at the written direction of the Majority Lenders.

Appears in 1 contract

Samples: Senior Secured First Lien Term Loan Credit Agreement (Clean Energy Fuels Corp.)

Acknowledgment. The Borrower Company acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Company upon demand by Administrative Agent.

Appears in 1 contract

Samples: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Administrative AgentAgent (acting at the direction of the Required Lenders).

Appears in 1 contract

Samples: Term Loan Credit Agreement (Glatfelter Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Integrated Alarm Services Group Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agentthe Lender.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility (Shotspotter, Inc)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Lender are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agentthe Lender.

Appears in 1 contract

Samples: Credit Agreement (DSW Inc.)

Acknowledgment. The each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit Facility (Professional Detailing Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Penn Virginia Resource Partners L P)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Revolving Credit Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (CastleRock Security Holdings, Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative the Agent.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Revolving Credit Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Pegasystems Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders ​ ​ are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Cadre Holdings, Inc.)

Acknowledgment. The Borrower acknowledges and the Co-Borrower acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower and the Co-Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Rent Way Inc)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such the Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all . All such interest payable by a Borrower shall be payable paid by Borrower it upon demand by Administrative the Agent.

Appears in 1 contract

Samples: Credit Agreement (Commercial Intertech Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their its default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Ferroglobe PLC)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans the Loan or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.

Appears in 1 contract

Samples: Loan Agreement (BioFuel Energy Corp.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agenton each Payment Date.

Appears in 1 contract

Samples: Revolving Credit Agreement (Superior Well Services, INC)

Acknowledgment. The Borrower acknowledges that the increase in increased rates referred to in this Section 4.3 reflects3.3 reflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status 31 37 and that the Lenders Banks are entitled to additional compensation for such risk; and all . All such interest shall be payable by Borrower upon demand by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Stores Corp /De/)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans outstanding Borrowing Tranches or other amounts have become a substantially greater risk given their default status and that the Lenders are Bank is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentBank.

Appears in 1 contract

Samples: Credit Agreement (Aquapenn Spring Water Company Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit Agreement (EPAM Systems, Inc.)

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