Common use of Action if Other Event of Default Clause in Contracts

Action if Other Event of Default. If any Event of Default (other than an Event of Default specified in any of Section 9.1(f)(i) through (iv)) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both of the following actions may be taken: (i) the Lender may, by notice to the Borrower, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice to the Borrower, declare all or any portion of the outstanding principal amount of the Term Loan and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwith, whereupon the full unpaid amount (or such portion) of the Term Loan and other Obligations that shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment. Except as expressly provided above in this SECTION 9, presentment, demand, protest and all other notices of any kind are hereby expressly waived by the Borrower.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (I Flow Corp /De/), Credit and Guaranty Agreement (InfuSystem Holdings, Inc), Credit and Guaranty Agreement (InfuSystem Holdings, Inc)

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Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i) through (iv)7.1.4) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both of the following actions may be taken: (i) the Lender Required Holders may, by upon notice to the Borrower, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice to the Borroweror demand, declare all or any portion of the outstanding principal amount of the Term Loan and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents Notes to be due and payable forthwithand all other Obligations to be due and payable, whereupon the full unpaid amount (or such portion) of the Term Loan Notes and all other Obligations that which shall be so declared due and payable shall be and become immediately due and payable, payable without further notice, demand demand, or presentment, and to the extent any Obligations are paid by the Issuer, they shall constitute a prepayment under this Agreement. Except as expressly provided above If at any time any portion of the outstanding principal amount of the Notes or any other Obligations shall be declared due and payable in accordance with this SECTION 9Section 7.3, presentmentthe Required Holders may at any time thereafter, demandby written instrument filed with the Issuer, protest rescind and all other notices annul such declaration and its consequences. Notwithstanding the foregoing and subject to the subordination provisions of this Agreement, the right of any kind are hereby expressly waived Noteholder to receive payment of principal of, or interest on any Note held by such Noteholder on or after the Borrowerrespective dates expressed in such Note, or to bring suit for the enforcement of any such repayment on or after such respective date, is absolute and unconditional and shall not be impaired or affected without the consent of such Noteholder.

Appears in 2 contracts

Samples: Purchase Agreement (Horizon Offshore Inc), Purchase Agreement (Horizon Offshore Inc)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i7.01(i) through (ivBankruptcy, Insolvency, etc.)) shall occur and be continuing for any reason, whether voluntary or involuntary, and be continuingthe Administrative Agent may, either or both with the consent of the following actions may be taken: (i) Required Lenders, and shall, at the Lender mayrequest of the Required Lenders, by notice or demand to the Borrower, declare in addition to any other remedies available to the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate Administrative Agent and the Term Loan Lenders, including the remedies set forth in the Security Agreement, take any of the following actions: (a) declare a Commitment Amount shall reduce to zero; and Termination Event, (iib) the Lender may, by notice to the Borrower, declare all or any portion of the outstanding principal amount of the Term Loan and other Obligations (including all accrued interest on the Term Loan) outstanding Loans and all other amounts owing under this Agreement and the other Loan Documents Obligations to be due and payable forthwithand terminate the Commitment, whereupon the full unpaid amount (or such portion) of the Term Loan all Loans and any and all other Obligations that shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand demand, or presentment. Except as expressly provided above in this SECTION 9, presentment, demand, protest and all other notices of any kind which are hereby expressly waived by the Borrower., in either case by delivery of a Commitment Termination Notice substantially in the form of Exhibit L or (c) elect to cease making additional Loans to the Borrower hereunder (without otherwise terminating the Commitment), by delivery of a Loan Cessation Notice substantially in the form of Exhibit M.

Appears in 2 contracts

Samples: Credit Agreement (FS Energy & Power Fund), Credit Agreement (FS Investment CORP)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i7.01(i) through (ivBankruptcy, Insolvency, etc.)) shall occur and be continuing for any reason, whether voluntary or involuntary, and be continuingthe Administrative Agent may, either or both with the consent of the following actions may be taken: (i) Required Lenders, and shall, at the Lender mayrequest of the Required Lenders, by notice or demand to the Borrower, in addition to any other remedies available to the Administrative Agent and the Lenders, including the remedies set forth in the Security Agreement, take any of the following actions: (a) declare a Commitment Termination Event, (b) declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice to the Borrower, declare outstanding principal amount of all or any portion of the outstanding principal amount of the Term Loan Loans and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwithand/or terminate the Commitment, whereupon the full unpaid amount (or of such portion) of the Term Loan Loans and other Obligations that shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand demand, or presentment. Except as expressly provided above in this SECTION 9, presentment, demand, protest and all other notices of any kind which are hereby expressly waived by the Borrower., in either case by delivery of a Commitment Termination Notice substantially in the form of Exhibit L and/or (c) elect to cease making additional Loans to the Borrower hereunder (without otherwise terminating the Commitment), by delivery of a Loan Cessation Notice substantially in the form of Exhibit M.

Appears in 2 contracts

Samples: Credit Agreement (FS Global Credit Opportunities Fund), Credit Agreement (FS Global Credit Opportunities Fund-D)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i7.01(i) through (ivBankruptcy, Insolvency, etc.)) shall occur and be continuing for any reason, whether voluntary or involuntary, and be continuingthe Administrative Agent may, either or both with the consent of the following actions may be taken: (i) Required Lenders, and shall, at the Lender mayrequest of the Required Lenders, by notice or demand to the Borrower, declare in addition to any other remedies available to the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate Administrative Agent and the Term Loan Lenders, including the remedies set forth in the Security Agreement, take any of the following actions: (b)declare a Commitment Amount shall reduce to zero; and Termination Event, (ii) c)declare the Lender may, by notice to the Borrower, declare outstanding principal amount of all or any portion of the outstanding principal amount of the Term Loan Loans and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwithand/or terminate the Commitment, whereupon the full unpaid amount (or of such portion) of the Term Loan Loans and other Obligations that shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand demand, or presentment. Except as expressly provided above in this SECTION 9, presentment, demand, protest and all other notices of any kind which are hereby expressly waived by the Borrower., in either case by delivery of a Commitment Termination Notice substantially in the form of Exhibit L or (d)elect to cease making additional Loans to the Borrower hereunder (without otherwise terminating the Commitment), by delivery of a Loan Cessation Notice substantially in the form of Exhibit M.

Appears in 1 contract

Samples: Credit Agreement (American Capital, LTD)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any clauses (i), (j) or (k) of Section 9.1(f)(i) through (iv)this Article) shall occur for any reasonoccur, whether voluntary or involuntarythen, and be continuingat any time thereafter during the continuance of such event, the Administrative Agent may, and at the request of the Required Lenders shall, by notice to the Parent, take either or both of the following actions may be takenactions, at the same or different times: (i) terminate the Lender mayCommitments, by notice to and thereupon the BorrowerCommitments (if not theretofore terminated) shall terminate immediately, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) declare the Lender may, by notice to the Borrower, declare all or any portion of the Loans then outstanding principal amount of the Term Loan and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwith, whereupon the full unpaid amount in whole (or such portion) of the Term Loan and other Obligations that shall be in part, in which case any principal not so declared to be due and payable shall may thereafter be declared to be due and become immediately payable), and thereupon the principal of the Loans so declared to be due and payable, together with accrued interest thereon and all fees and other Obligations of the Loan Parties accrued hereunder, shall become due and payable immediately, without further notice, demand or presentment. Except as expressly provided above in this SECTION 9, presentment, demand, protest and all or other notices notice of any kind kind, all of which are hereby expressly waived by the BorrowerLoan Parties. Notwithstanding anything to the contrary contained herein or in any other Loan Document, the authority to enforce rights and remedies hereunder and under the other Loan Documents shall be vested exclusively in, and all actions and proceedings at law in connection with such enforcement shall be instituted and maintained exclusively by, the Administrative Agent in accordance with this Section and Section 7.2 for the benefit of all the Lenders; provided, however, that the foregoing shall not prohibit any Lender from exercising setoff rights in accordance with this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(iCLAUSES (a) through (iv)d) of SECTION 10.1.9) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both the U.S. Agent, upon the direction of the following actions may be taken: (i) the Lender mayRequired Lenders, shall by notice to the Borrower, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice to the Borrower, Borrowers declare all or any portion of the outstanding principal amount of the Term Loan Loans and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwithand/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount (or of such portion) of the Term Loan Loans and other Obligations that which shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment. Except , and/or, as expressly provided above the case may be, the Commitments shall terminate; PROVIDED that (i) if less than the total principal amount of all Loans and other Obligations are declared to be due and payable, the amount so declared due and payable shall be PRO RATA between the Facilities and (ii) the termination of a Commitment under a Facility will automatically result in this SECTION 9, presentment, demand, protest and all the corresponding termination of the Commitment under the other notices of any kind are hereby expressly waived by the BorrowerFacility.

Appears in 1 contract

Samples: Credit Agreement (Leiner Health Products Inc)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(iclauses (a) through (iv)d) of Section 8.1.9 with respect to any Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both the Administrative Agent, upon the direction of the following actions may be taken: (i) the Lender mayRequired Lenders, shall by notice to the Borrower, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice to the Borrower, Borrower declare all or any portion of the outstanding principal amount of the Term Loan Loans and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwithpayable, whereupon the full unpaid amount (or of such portion) of the Term Loan Loans and other Obligations that which shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate. Except as expressly provided above Notwithstanding anything to the contrary contained herein or in this SECTION 9any other Loan Document, presentmentthe authority to enforce rights and remedies hereunder and under the other Loan Documents shall be vested exclusively in, demand, protest and all other notices actions and proceedings at law in connection with such enforcement shall be instituted and maintained exclusively by, the Administrative Agent in accordance with this Section and Section 8.2 for the benefit of all the Lenders; provided, however, that the foregoing shall not prohibit any kind are hereby expressly waived by the BorrowerLender from exercising setoff rights in accordance with Section 4.9.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(iclauses (c) through (iv)d) of Section 8.1.9 with respect to the Borrower) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both the Administrative Agent, upon the direction of the following actions may be taken: (i) the Lender mayRequired Lenders, shall by notice to the Borrower, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice to the Borrower, Borrower declare all or any portion of the outstanding principal amount of the Term Loan Loans and other Obligations (other than those arising under Bank Product Agreements or Hedging Agreements) (including all accrued interest on the Term LoanReimbursement Obligations) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwithand/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount (or of such portion) of the Term Loan Loans and other Obligations (other than those arising under Bank Product Agreements or Hedging Agreements) that shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment. Except , and/or, as expressly provided above in this SECTION 9the case may be, presentment, demand, protest the Commitments shall terminate and the Borrower and each other Obligor shall automatically and immediately be obligated to Cash Collateralize all other notices Letter of any kind are hereby expressly waived by the BorrowerCredit Outstandings.

Appears in 1 contract

Samples: First Lien Exit Credit Agreement (Energy XXI Gulf Coast, Inc.)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i7.01(i) through (ivBankruptcy, Insolvency, etc.)) shall occur and be continuing for any reason, whether voluntary or involuntary, and be continuingthe Administrative Agent may, either or both with the consent of the following actions may be taken: (i) Required Lenders, and shall, at the Lender mayrequest of the Required Lenders, by notice or demand to the Borrower, in addition to any other remedies available to the Administrative Agent and the Lenders, including the remedies set forth in the Security Agreement, take any of the following actions: (a) declare a Commitment Termination Event, (b) declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice to the Borrower, declare outstanding principal amount of all or any portion of the outstanding principal amount of the Term Loan Loans and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwithand/or terminate the Commitment, whereupon the full unpaid amount (or of such portion) of the Term Loan Loans and other Obligations that shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand demand, or presentment. Except as expressly provided above in this SECTION 9, presentment, demand, protest and all other notices of any kind which are hereby expressly waived by the Borrower., in either case by delivery of a Commitment Termination Notice substantially in the form of Exhibit L or (c) elect to cease making additional Loans to the Borrower hereunder (without otherwise terminating the Commitment), by delivery of a Loan Cessation Notice substantially in the form of Exhibit M.

Appears in 1 contract

Samples: Credit Agreement (FS Investment Corp II)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i) through (iv)8.1.6) shall occur ------------- for any reason, whether voluntary or involuntary, and be continuing, either or both the Administrative Agent may (acting with the consent of the following actions may be taken: (i) Required Lenders), and upon the Lender maydirection of the Required Lenders, by shall, upon notice to the Borrower, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice or demand to the Borrower, declare all or any portion of the outstanding principal amount Principal Amount of the Term Loan and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents Loans to be due and payable forthwithand any or all other Obligations (excluding, however, unless express instructions to the contrary are received from the relevant Lender, Obligations in respect of any Hedging Agreement or Interest Rate Protection Agreement to which any Lender is a party) to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount (or Principal Amount of such portion) of the Term Loan Loans and any and all other Obligations that which shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment. Except , and/or, as expressly provided above in this SECTION 9the case may be, presentment, demand, protest and all other notices of any kind are hereby expressly waived by the BorrowerCommitments shall terminate.

Appears in 1 contract

Samples: Loan Agreement (Amax Gold Inc)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified with respect to the Borrower described in any of Section 9.1(f)(iclauses (a) through (iv)d) of Section 8.1.9) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both the Administrative Agent, upon the direction of the following actions may be taken: (i) the Lender mayRequired Lenders, shall by notice to the Borrower, Borrower (w) declare the Term Loan Commitment all Commitments (if not theretofore terminated) to be terminated forthwithterminated, whereupon such Term Loan Commitment the Commitments shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and terminate, (iix) the Lender may, by notice to the Borrower, declare all or any portion of the outstanding principal amount of the Term Loan Loans and other Obligations (including all accrued interest on the Term LoanReimbursement Obligations) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwithpayable, whereupon the full unpaid amount (or of such portion) of the Term Loan Loans and other Obligations that which shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment. Except , (y) terminate any Letter of Credit that may be terminated in accordance with its terms; and (z) direct the Borrower to pay (and the Borrower agrees that upon receipt of such notice it will pay) to the Administrative Agent at the Administrative Agent's Office such additional amounts of cash, to be held as expressly provided above in this SECTION 9, presentment, demand, protest and all other notices of any kind are hereby expressly waived by security for the Borrower's reimbursement obligations for drawings that may subsequently occur thereunder, equal to the aggregate Stated Amount of all Letters of Credit issued and then outstanding.

Appears in 1 contract

Samples: Credit Agreement (Regal Cinemas Inc)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i) through (iv)7.1.4) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both the Agent may, and upon the direction of the following actions may be taken: Required Lenders, shall upon notice or demand, (ia) the Lender may, by notice to the Borrower, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice to the Borrower, declare all or any portion of the outstanding principal amount of the Term Loan and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents Loans to be due and payable forthwithand any or all other Obligations to be due and payable, whereupon the full unpaid amount (or of such portion) of the Term Loan Loans and any and all other Obligations that which shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand demand, or presentment, and to the extent paid by the Borrower shall constitute a prepayment under this Agreement and (b) exercise any and all rights and remedies available under this Agreement or any other Loan Document, or available at law or in equity, at any time, in any order and in any combination. Except as expressly provided above Notwithstanding anything to the contrary set forth in this SECTION 9Section 7.3, presentmentthe Agent is permitted to act without the consent of the Required Lenders pursuant to this Section 7.3, demandonly if (a) the Agent reasonably believes it should exercise the rights afforded to it under this Section 7.3 to protect the interests of the Lenders, protest (b) the Agent shall have made due inquiry of each Lender (i) having more than 33-1/3% of the aggregate of the Revolving Loan Commitments plus the outstanding principal amount of the Term Loan or (ii) if the Revolving Loan Commitments shall have been terminated, having more than 33-1/3% of the aggregate of the outstanding principal amount of the Loans as to whether the Agent should act under this Section 7.3, and all other notices (c) such Lender(s) fail(s) to respond to the Agent's inquiry within a reasonable period of any kind are hereby expressly waived by the Borrowertime.

Appears in 1 contract

Samples: Credit Agreement (Internationale Nederlanden Capital Corp)

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Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i) through (iv)Clause 11.1.6) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both of the following actions may be taken: (i) the Lender Facility Agent may, and, if so instructed by the Required Lenders (but not otherwise) shall, upon notice to the Borrower, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice or demand to the Borrower, declare all or any portion of the outstanding principal amount of the Term Loan and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents Loans to be due and payable forthwithand any or all other Obligations (excluding, however, unless express instructions to the contrary are received from the relevant Lender, Obligations in respect of any Risk Management Agreement to which any Lender is a party) to be due and payable (and/or, in each such case, to be payable on demand) and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full relevant unpaid principal amount (or such portion) of the Term Loan Loans and any and all other Obligations that which shall be so declared due and payable shall be and become immediately due and payablepayable (or, in the case of any such Obligations placed on demand, immediately payable on demand by the Facility Agent on the instructions of the Required Lenders), without further notice, demand demand, or presentment. Except , and/or, as expressly provided above in this SECTION 9the case may be, presentment, demand, protest and all other notices of any kind are hereby expressly waived by the BorrowerCommitments shall terminate.

Appears in 1 contract

Samples: Execution (Randgold Resources LTD)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i7.01(j) through (ivBankruptcy, Insolvency, etc.)) shall occur and be continuing for any reason, whether voluntary or involuntary, and be continuingthe Administrative Agent may, either or both with the consent of the following actions may be taken: (i) Required Lenders, and shall, at the Lender mayrequest of the Required Lenders, by notice or demand to the Borrower, declare in addition to any other remedies available to the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate Administrative Agent and the Term Loan Lenders, including the remedies set forth in the Security Agreement, take any of the following actions: (a) declare a Commitment Amount shall reduce to zero; and Termination Event, (iib) the Lender may, by notice to the Borrower, declare all or any portion of the outstanding principal amount of the Term Loan and other Obligations (including all accrued interest on the Term Loan) outstanding Loans and all other amounts owing under this Agreement and the other Loan Documents Obligations to be due and payable forthwithand terminate the Commitment, whereupon the full unpaid amount (or such portion) of the Term Loan all Loans and any and all other Obligations that shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand demand, or presentment. Except as expressly provided above in this SECTION 9, presentment, demand, protest and all other notices of any kind which are hereby expressly waived by the Borrower., in either case by delivery of a Commitment Termination Notice substantially in the form of Exhibit K or (c) elect to cease making additional Loans to the Borrower hereunder (without otherwise terminating the Commitment), by delivery of a Loan Cessation Notice substantially in the form of Exhibit L.

Appears in 1 contract

Samples: Credit Agreement (Corporate Capital Trust, Inc.)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i7.01(i) through (ivBankruptcy, Insolvency, etc.)) shall occur and be continuing for any reason, whether voluntary or involuntary, and be continuingthe Administrative Agent may, either or both with the consent of the following actions may be taken: (i) Majority Lenders, and shall, at the Lender mayrequest of the Majority Lenders, by notice or demand to the Borrower, in addition to any other remedies available to the Administrative Agent and the Lenders, including the remedies set forth in the Security Agreement, take any of the following actions: (a) declare a Commitment Termination Event, (b) declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice to the Borrower, declare outstanding principal amount of all or any portion of the outstanding principal amount of the Term Loan Loans and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwithand/or terminate the Commitment, whereupon the full unpaid amount (or of such portion) of the Term Loan Loans and other Obligations that shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand demand, or presentment. Except as expressly provided above in this SECTION 9, presentment, demand, protest and all other notices of any kind which are hereby expressly waived by the Borrower, in either case by delivery of a Commitment Termination Notice substantially in the form of Exhibit L or (c) elect to cease making additional Loans to the Borrower hereunder (without otherwise terminating the Commitment), by delivery of a Loan Cessation Notice substantially in the form of Exhibit M to the Borrower (with a copy to each Lender).

Appears in 1 contract

Samples: Credit Agreement (FS Energy & Power Fund)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i) through (iv)8.2) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both the Administrative Agent at the request of the following actions may be taken: (i) the Lender mayRequired Lenders shall, by notice to the Borrower, declare take any or all of the Term Loan Commitment to be terminated forthwithfollowing actions, whereupon such Term Loan Commitment shall immediately terminate and at the Term Loan Commitment Amount shall reduce to zero; same or different times: (i) [Reserved] and (ii) declare the Lender may, by notice to the Borrower, declare all or any portion of the Loans then outstanding principal amount of the Term Loan and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwith, whereupon the full unpaid amount in whole (or such portion) of the Term Loan and other Obligations that shall be in part, in which case any principal not so declared to be due and payable shall may thereafter be declared to be due and become immediately payable), and thereupon the principal of the Loans so declared to be due and payable, together with accrued interest thereon and all fees and other obligations of the Borrower accrued hereunder, shall become due and payable immediately, without further notice, demand or presentment. Except as expressly provided above in this SECTION 9, presentment, demand, protest and all or other notices notice of any kind kind, all of which are hereby expressly waived by the Borrower. Without limiting the foregoing, the Administrative Agent and the Lenders shall be entitled to exercise any and all other remedies available to them under the Loan Documents and applicable law.

Appears in 1 contract

Samples: Credit Agreement (Kinetik Holdings Inc.)

Action if Other Event of Default. If any Event of Default (other than an Event of Default specified in any of Section 9.1(f)(i) through (iv)) with respect to any Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both of the following actions may be taken: (i) with the Lender consent of the Required Lenders, the Administrative Agent may, or upon the request of the Required Lenders, the Administrative Agent shall, by notice to the Borrower, Borrower declare the Term Loan Commitment Revolving Commitments to be terminated forthwith, whereupon such Term Loan Commitment the Revolving Commitments shall immediately terminate and the Term Loan Revolving Commitment Amount shall reduce to zero; and (ii) with the Lender consent of the Required Lenders, the Administrative Agent may, or upon the request of the Required Lenders, the Administrative Agent shall, by notice to the Borrower, declare all or any portion of the outstanding principal amount of the Term Loan Revolving Loans and other Obligations (including all accrued interest on the Term LoanRevolving Loans) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwith, whereupon the full unpaid amount (or of such portion) of the Term Loan Revolving Loans and other Obligations that shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment. Except as expressly provided above in this SECTION ARTICLE 9, presentment, demand, protest and all other notices of any kind are hereby expressly waived by the Borrowereach Obligor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mips Technologies Inc)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i) through (iv)9.1.8) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both the Administrative Agent, upon the direction of the following actions may be taken: (i) the Lender mayRequired Lenders, shall by notice to the Borrower, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice to the Borrower, Borrower declare all or any portion of the outstanding principal amount of the Term Loan and other Obligations (including all accrued interest on the Term Loan) Loans and all other amounts owing under this Agreement and the other Loan Documents Obligations to be due and payable forthwithand/or the Commitments to be terminated, whereupon the full unpaid amount (or such portion) of the Term Loan Loans and all other Obligations that which shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate. Except as expressly provided above Notwithstanding anything to the contrary contained herein or in this SECTION 9any other Loan Document, presentmentthe authority to enforce rights and remedies hereunder and under the other Loan Documents shall be vested exclusively in, demand, protest and all other notices actions and proceedings at law in connection with such enforcement shall be instituted and maintained exclusively by, the Administrative Agent in accordance with this Section and at the instruction of the Required Lenders for the benefit of all the Lenders; provided, however, that the foregoing shall not prohibit any kind are hereby expressly waived by Lender from exercising setoff rights in accordance with the Borrowerterms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Ingram Micro Inc)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(iclauses (a) through (iv)d) of Section 8.1.9 with respect to any Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both the Administrative Agent, upon the direction of the following actions may be taken: (i) the Lender mayRequired Lenders, shall by notice to the Borrower, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice to the Borrower, Borrowers declare all or any portion of the outstanding principal amount of the Term Loan Loans and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwithpayable, whereupon the full unpaid amount (or of such portion) of the Term Loan Loans and other Obligations that which shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate. Except as expressly provided above Notwithstanding anything to the contrary contained herein or in this SECTION 9any other Loan Document, presentmentthe authority to enforce rights and remedies hereunder and under the other Loan Documents shall be vested exclusively in, demand, protest and all other notices actions and proceedings at law in connection with such enforcement shall be instituted and maintained exclusively by, the Administrative Agent in accordance with this Section and Section 8.2 for the benefit of all the Lenders; provided, however, that the foregoing shall not prohibit any kind are hereby expressly waived by the BorrowerLender from exercising setoff rights in accordance with Section 4.9.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Action if Other Event of Default. If any Event of Default (other than an any Event of Default specified described in any of Section 9.1(f)(i) through (ivClause 13.1(f)) shall occur for any reason, whether voluntary or involuntary, and be continuing, either or both of the following actions may be taken: (i) the Lender Principal Facilities Agent may, and, if so instructed by the Required Senior Lenders (but not otherwise) shall, upon notice to the Borrower, declare the Term Loan Commitment to be terminated forthwith, whereupon such Term Loan Commitment shall immediately terminate and the Term Loan Commitment Amount shall reduce to zero; and (ii) the Lender may, by notice or demand to the Borrower, declare all or any portion of the outstanding principal amount of the Term Loan and other Obligations (including all accrued interest on the Term Loan) and all other amounts owing under this Agreement and the other Loan Documents Senior Loans to be due and payable forthwithand any or all other Senior Obligations (excluding, however, unless express instructions to the contrary are received from the relevant Senior Lender, Obligations in respect of any Risk Management Agreement to which any Senior Lender is a party) to be due and payable (and/or, in each such case, to be payable on demand) and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full relevant unpaid principal amount (or such portion) of the Term Loan Loans and any and all other Senior Obligations that which shall be so declared due and payable shall be and become immediately due and payablepayable (or, in the case of any such Obligations placed on demand, immediately payable on demand by the Principal Facilities Agent on the instructions of the Required Senior Lenders), without further notice, demand demand, or presentment. Except , and/or, as expressly provided above in this SECTION 9the case may be, presentment, demand, protest and all other notices of any kind are hereby expressly waived by the BorrowerCommitments shall terminate.

Appears in 1 contract

Samples: Borrower Security Agreement (Bema Gold Corp /Can/)

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