Actions on Termination. (a) On the Termination Date, the Borrower shall pay the Lender (whether or not then due), in immediately available funds, all then Liabilities including, without limitation: the following: (i) The entire balance of the Loan Account (including the unpaid principal balance of the Revolving Credit Loans). (ii) Any payments due on account of the indemnification obligations included in Section 2.11(e). (iii) Any accrued and unpaid Unused Line Fee. (iv) Any applicable Revolving Credit Early Termination Fee. (v) All unreimbursed costs and expenses of the Lender for which the Borrower is responsible. (vi) (vi) All other Liabilities, other than Bank Products, Bank Product Obligations and L/C’s, to the extent the Borrower complies with Sections 13.2 (b) and (c). (b) On the Termination Date, the Borrower shall also shall make such arrangements concerning any L/C’s and any Bank Products and Bank Product Obligations then outstanding as are reasonably satisfactory to the Lender. (c) Until such payment (Section 13.2(a)) and arrangements concerning L/C’s, Bank Products, and Bank Product Obligations (Section 13.2(b)), all provisions of this Agreement, other than those included in Article 2 which place any obligation on the Lender to make any loans or advances or to provide any financial accommodations to the Borrower shall remain in full force and effect until all Liabilities shall have been paid in full. (d) On the Termination Date, the Borrower shall make such arrangements with respect to any other continuing Liabilities (such as the Borrower’s continuing Liability to reimburse the Lender as set forth in Section 14.10 and continuing indemnification Liability set forth in Section 14.14) as are reasonably satisfactory to the Lender, such as by the establishment and funding of cash collateral reserve accounts in such amounts as the Lender, in its sole and exclusive discretion, may determine. The release by the Lender of the Collateral Interests granted to the Lender by the Borrower hereunder may be upon such other terms, conditions, and indemnifications as the Lender may require.
Appears in 1 contract
Actions on Termination. (a) On the Termination Date, the Borrower Loan Parties shall pay the Lender Administrative Agent (whether or not then due), in immediately available funds, all then Liabilities including, without limitation: the following:
(i) The entire balance of the Loan Account (including the unpaid principal balance of the Revolving Credit Loans, SwingLine Loan and the Tranche B Loan).
(ii) Any then remaining unpaid installments of the Revolving Credit Commitment Fee.
(iii) Any then remaining unpaid installments of the Administrative Agent’s Monitoring Fee.
(iv) Any payments due on account of the indemnification obligations included in Section 2.11(e).
(iiiv) Any accrued and unpaid Unused Line Fee.
(ivvi) Any applicable Revolving Credit Early Termination Fee.
(vvii) All accrued and unpaid interest on the Tranche B Loan.
(viii) Any then remaining unpaid installments of the Tranche B Commitment Fee.
(ix) All unreimbursed costs and expenses of the Lender each Agent and of Lenders’ Special Counsel for which the Borrower each Loan Party is responsible.
(vi) (vi) All other Liabilities, other than Bank Products, Bank Product Obligations and L/C’s, to the extent the Borrower complies with Sections 13.2 (b) and (c).
(b) On the Termination Date, the Borrower Loan Parties shall also shall make such arrangements concerning any L/C’s and any Bank Products and Bank Product Obligations then outstanding as are reasonably satisfactory to the LenderAdministrative Agent (such as their being cash collateralized at 103 % of their then Stated Amount).
(c) Until such payment (Section 13.2(a19.2(a)) and arrangements concerning L/C’s, Bank Products, and Bank Product Obligations ’s (Section 13.2(b19.2(b)), all provisions of this Agreement, other than those included in Article 2 which place any obligation on the Administrative Agent or any Revolving Credit Lender to make any loans or advances or to provide any financial accommodations to any Borrower and those included in Article 3 which place any obligation on the Borrower Tranche B Lender to make any loan or advance or to provide any financial accommodation to any Borrower, shall remain in full force and effect until all Liabilities shall have been paid in full.
(d) On the Termination Date, the Borrower shall make such arrangements with respect to any other continuing Liabilities (such as the Borrower’s continuing Liability to reimburse the Lender as set forth in Section 14.10 and continuing indemnification Liability set forth in Section 14.14) as are reasonably satisfactory to the Lender, such as by the establishment and funding of cash collateral reserve accounts in such amounts as the Lender, in its sole and exclusive discretion, may determine. The release by the Lender Collateral Agent of the Collateral Interests granted to the Lender Collateral Agent by the Borrower Loan Parties hereunder may be upon such other terms, conditions, conditions and indemnifications as the Lender Administrative Agent reasonably may require.
Appears in 1 contract
Sources: Loan and Security Agreement (Casual Male Retail Group Inc)
Actions on Termination. (a) On the Termination Date, the Borrower shall pay the Lender (whether or not then due), in immediately available funds, all then Liabilities including, without limitation: the following:
(i) The entire balance of the Loan Account (including the unpaid principal balance of the Revolving Credit Loans).
(ii) Any payments due on account of the indemnification obligations included in Section 2.11(e2.10(e).
(iii) Any accrued and unpaid Unused Line Fee.
(iv) Any applicable Revolving Credit Early Termination Fee.
(v) All unreimbursed costs and expenses of the Lender for which the Borrower is responsible.
(vi) (vi) All other Liabilities, other than Bank Products, Bank Product Obligations and L/C’s, to the extent the Borrower complies with Sections 13.2 (b) and (c).
(b) On the Termination Date, the Borrower shall also shall make such arrangements concerning any L/C’s 's and any Bank Products and Bank Product Obligations then outstanding as are reasonably satisfactory to the Lender.
(c) Until such payment (Section 13.2(a))) and arrangements concerning L/C’s's, Bank Products, and Bank Product Obligations (Section 13.2(b)), all provisions of this Agreement, other than those included in Article 2 which place any obligation on the Lender to make any loans or advances or to provide any financial accommodations to the Borrower shall remain in full force and effect until all Liabilities shall have been paid in full.
(d) On the Termination Date, the Borrower shall make such arrangements with respect to any other continuing Liabilities (such as the Borrower’s continuing Liability to reimburse the Lender as set forth in Section 14.10 and continuing indemnification Liability set forth in Section 14.14) as are reasonably satisfactory to the Lender, such as by the establishment and funding of cash collateral reserve accounts in such amounts as the Lender, in its sole and exclusive discretion, may determine. The release by the Lender of the Collateral Interests granted to the Lender by the Borrower hereunder may be upon such other terms, conditions, conditions and indemnifications as the Lender may require.require or as otherwise required by law. Article 14
Appears in 1 contract
Actions on Termination. (a) On the Termination Date, the Borrower Borrowers shall pay the Lender (whether or not then due), in immediately available funds, all then outstanding Liabilities including, without limitation: , the following:
(i) The entire balance of the Loan Account (including the unpaid principal balance of the Revolving Credit LoansLoans ).
(ii) Any payments due on account of the indemnification obligations included in Section 2.11(e2.12(e).
(iii) Any accrued and unpaid Unused Line Fee.
(iv) Any applicable Revolving Credit Early Termination Fee.
(v) All unreimbursed costs and expenses of the Lender for which the any Borrower is responsible.
(vi) (vi) All other Liabilities, other than Bank Products, Bank Product Obligations and L/C’s, to the extent the Borrower complies with Sections 13.2 (b) and (c).
(b) On the Termination Date, the Borrower shall Borrowers also shall make such arrangements concerning any L/C’s and any Bank Products and Bank Product Obligations then outstanding as are reasonably satisfactory to the Lender.
(c) Until such payment (Section 13.2(a(a)) and arrangements concerning L/C’s, Bank Products, and Bank Product Obligations ’s (Section 13.2(b(b)), all provisions of this Agreement, other than those included in Article 2 2: which place any obligation on the Lender to make any loans or advances or to provide any financial accommodations to the Borrower any Borrower, shall remain in full force and effect until all Liabilities shall have been paid in full.
(d) On the Termination Date, the Borrower shall make such arrangements with respect to any other continuing Liabilities (such as the Borrower’s continuing Liability to reimburse the Lender as set forth in Section 14.10 14.8 and continuing indemnification Liability set forth in Section 14.1414.13 concerning matters or circumstances actually known to the Lender as of the Termination Date which would reasonably be expected to result in any loss, cost, damage or expense) as are reasonably satisfactory to the Lender, such as by the establishment and funding of cash collateral reserve accounts in such amounts as the Lender, in its sole and exclusive discretion, reasonably may determine. The release by the Lender of the Collateral Interests granted to the Lender by the Borrower Borrowers hereunder may be upon such other terms, conditions, and indemnifications as the Lender may reasonably require.
(e) The Lender’s obligation to release the Collateral Interests granted to the Lender by any Borrower on the End Date shall not be affected by any Liability’s then being outstanding to any Affiliate of the Lender.
Appears in 1 contract
Actions on Termination. (a) On If no Event of Default exists and is continuing on the Termination Date, the Borrower Obligors shall pay the Lender (whether or not then due), in immediately available funds, all then existing Liabilities including, without limitation: the entire balance of the Loan Account (including the unpaid principal balance of the Revolving Credit Loans); any payments due on account of the indemnification obligations included in Section 2.10(f); any accrued and unpaid Unused Line Fee; and all unreimbursed costs and expenses of Lender for which the Obligors are responsible; and shall make such arrangements as are reasonably satisfactory to the Lender concerning any L/Cs then outstanding and contingent indemnity obligations that are pending or threatened. If an Event of Default exists and is continuing on the Termination Date, the Obligors shall pay the Lender (whether or not then due), in immediately available funds, all then Liabilities including, without limitation: the following:
(i) The entire balance of the Loan Account (including the unpaid principal balance of the Revolving Credit Loans).
(ii) Any ; any payments due on account of the indemnification obligations included in Section 2.11(e2.10(f).
(iii) Any ; any accrued and unpaid Unused Line Fee.
(iv) Any applicable Revolving Credit Early Termination Fee.
(v) All ; and all unreimbursed costs and expenses of the Lender for which the Borrower is Obligors are responsible.
(vi) (vi) All other Liabilities, other than Bank Products, Bank Product Obligations and L/C’s, to the extent the Borrower complies with Sections 13.2 (b) and (c).
(b) On the Termination Date, the Borrower shall also ; shall make such arrangements as are reasonably satisfactory to the Lender concerning any L/C’s and any Bank Products and Bank Product Obligations then outstanding and, if (i) a contingent indemnity obligation is pending or threatened, (ii) the continuing Event of Default arose under Sections 11.8 or 11.9, or (iii) an Acceleration of the Liabilities or a Liquidation has occurred, concerning contingent, indemnity obligations. Until payment as are reasonably satisfactory to the Lender.
(c) Until such payment (Section 13.2(a)) and arrangements concerning L/C’s, Bank Products, and Bank Product Obligations (Section 13.2(b))provided herein, all provisions of this Agreement, other than those included contained in Article 2 II which place any an obligation on the Lender to make any loans or advances or to provide any financial accommodations to under the Borrower Revolving Credit or otherwise, shall remain in full force and effect until all Liabilities Liabilities, as the case may be, shall have been paid in full.
(d) On the Termination Date, the Borrower shall make such full and arrangements with respect to any other continuing Liabilities (such L/Cs and contingent indemnity obligations as the Borrower’s continuing Liability to reimburse the Lender as set forth in Section 14.10 and continuing indemnification Liability set forth in Section 14.14) as are reasonably satisfactory to the Lender, such as by the establishment and funding of cash collateral reserve accounts in such amounts as the Lender, in its sole and exclusive discretion, may determine. The release by the Lender of the Collateral Interests granted to the Lender by the Borrower hereunder may be upon such other terms, conditions, and indemnifications as the Lender may requirerequired herein have been made.
Appears in 1 contract
Sources: Loan and Security Agreement (Charlotte Russe Holding Inc)
Actions on Termination. (a) On the Termination Date, the Borrower shall pay the Lender (whether or not then due), in immediately available funds, all then Liabilities including, without limitation: the following:
(i) The entire balance of the Loan Account (including the unpaid principal balance of the Revolving Credit Loans).
(ii) Any payments due on account of the indemnification obligations included in Section 2.11(e).
(iii) Any accrued and unpaid Unused Line Fee.
(iv) Any applicable Revolving Credit Early Termination Fee.
(v) All unreimbursed costs and expenses of the Lender for which the Borrower is responsible.
(vi) (vi) All other Liabilities, other than Bank Products, Bank Product Obligations and L/C’s's, to the extent the Borrower complies with Sections 13.2 (b) and (c).
(b) On the Termination Date, the Borrower shall also shall make such arrangements concerning any L/C’s 's and any Bank Products and Bank Product Obligations then outstanding as are reasonably satisfactory to the Lender.
(c) Until such payment (Section 13.2(a)) and arrangements concerning L/C’s's, Bank Products, and Bank Product Obligations (Section 13.2(b)), all provisions of this Agreement, other than those included in Article 2 which place any obligation on the Lender to make any loans or advances or to provide any financial accommodations to the Borrower shall remain in full force and effect until all Liabilities shall have been paid in full.
(d) On the Termination Date, the Borrower shall make such arrangements with respect to any other continuing Liabilities (such as the Borrower’s 's continuing Liability to reimburse the Lender as set forth in Section 14.10 14.9 and continuing indemnification Liability set forth in Section 14.1414.13) as are reasonably satisfactory to the Lender, such as by the establishment and funding of cash collateral reserve accounts in such amounts as the Lender, in its sole and exclusive discretion, may determine. The release by the Lender of the Collateral Interests granted to the Lender by the Borrower hereunder may be upon such other terms, conditions, and indemnifications as the Lender may require.
Appears in 1 contract
Actions on Termination. (a) On the Termination Date, the Borrower Borrowers shall pay the Lender Administrative Agent (whether or not then due), in immediately available funds, all then Liabilities including, without limitation: the following:
(i) The entire balance of the Loan Account (including the unpaid principal balance of the Revolving Credit Loans, and the SwingLine Loan, and the Term Loan ).
(ii) Any then remaining installments of the Administrative Agent's Fee.
(iii) Any payments due on account of the indemnification obligations included in Section 2.11(e)Section.
(iiiiv) Any accrued and unpaid Unused Line Fee.
(ivv) Any applicable Revolving Credit Early Termination fees due on account of any L/C's, including those provided for in Sections and.
(vi) All accrued and unpaid interest (including all accrued and unpaid Current Pay Interest and all accrued and unpaid PIK Interest) on the Term Loan.
(vii) Any then remaining installments of the Term Loan Commitment Fee.
(vviii) All unreimbursed costs and expenses of the Lender each Agent and of Lenders' Special Counsel for which the each Borrower is responsible.
(vi) (vi) All other Liabilities, other than Bank Products, Bank Product Obligations and L/C’s, to the extent the Borrower complies with Sections 13.2 (b) and (c).
(b) On the Termination Date, the Borrower Borrowers shall also shall make such arrangements concerning any L/C’s and any Bank Products and Bank Product Obligations 's then outstanding as are reasonably satisfactory to the LenderAdministrative Agent.
(c) Until such payment (Section 13.2(a)) and arrangements concerning L/C’s, Bank Products, and Bank Product Obligations 's (Section 13.2(b)), all provisions of this Agreement, other than those included in Article 2 which place any obligation on the Administrative Agent or any Revolving Credit Lender to make any loans or advances or to provide any financial accommodations to any Borrower and those included in Article which place any obligation on the Term Lender to make any loan or advance or to provide any financial accommodation to any Borrower shall remain in full force and effect until all Liabilities shall have been paid in full.
(d) On the Termination Date, the Borrower shall make such arrangements with respect to any other continuing Liabilities (such as the Borrower’s continuing Liability to reimburse the Lender as set forth in Section 14.10 and continuing indemnification Liability set forth in Section 14.14) as are reasonably satisfactory to the Lender, such as by the establishment and funding of cash collateral reserve accounts in such amounts as the Lender, in its sole and exclusive discretion, may determine. The release by the Lender Collateral Agent of the Collateral Interests granted to the Lender Collateral Agent by the Borrower Borrowers hereunder may be upon such other terms, conditions, conditions and indemnifications as the Lender Administrative Agent may require.
Appears in 1 contract
Actions on Termination. (a) On the Termination Date, the Borrower Borrowers shall pay the Lender (whether or not then due), in immediately available funds, all then Liabilities including, without limitation: the following:
(i) The entire balance of the Loan Account (including the unpaid principal balance of the Revolving Credit Loans).
(ii) Any payments due on account of the indemnification obligations included in Section 2.11(e).
(iii) Any accrued and unpaid Unused Line Fee.
(iv) Any applicable Revolving Credit Early Termination Fee.
(v) All unreimbursed costs and expenses of the Lender for which the any Borrower is responsible.
(vi) (vi) All other Liabilities, other than Bank Products, Bank Product Obligations and L/C’s, to the extent the Borrower complies with Sections 13.2 (b) and (c).
(b) On the Termination Date, the Borrower Borrowers shall also shall make such arrangements concerning any L/C’s 's and any Bank Products and Bank Product Obligations then outstanding as are reasonably satisfactory to the Lender.
(c) Until such payment (Section 13.2(a(a)) and arrangements concerning L/C’s, Bank Products, and Bank Product Obligations 's (Section 13.2(b(b)), all provisions of this Agreement, other than those included in Article 2 2: which place any obligation on the Lender to make any loans or advances or to provide any financial accommodations to the any Borrower shall remain in full force and effect until all Liabilities shall have been paid in full.
(d) On the Termination Date, the Borrower shall make such arrangements with respect to any other continuing Liabilities (such as the Borrower’s continuing Liability to reimburse the Lender as set forth in Section 14.10 and continuing indemnification Liability set forth in Section 14.14) as are reasonably satisfactory to the Lender, such as by the establishment and funding of cash collateral reserve accounts in such amounts as the Lender, in its sole and exclusive discretion, may determine. The release by the Lender of the Collateral Interests granted to the Lender by the Borrower Borrowers hereunder may be upon such other terms, conditions, conditions and indemnifications as the Lender may require.
(e) The Lender's obligation to release the Collateral Interests granted to the Lender by any Borrower on the End Date shall not be affected by any Liability's then being outstanding to any Affiliate of the Lender.
Appears in 1 contract