Actions on Termination. If no 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 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 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; shall make such arrangements as are reasonably satisfactory to the Lender concerning any L/C’s 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 provided herein, all provisions of this Agreement, other than those contained in Article II which place an obligation on the Lender to make any loans or advances or to provide financial accommodations under the Revolving Credit or otherwise, shall remain in full force and effect until all Liabilities, as the case may be, shall have been paid in full and arrangements with respect to L/Cs and contingent indemnity obligations as required herein have been made.
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Samples: Loan and Security Agreement (Charlotte Russe Holding Inc)
Actions on Termination. If no Event of Default exists and is continuing on (a) On the Termination Date, the 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 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); any .
(ii) Any payments due on account of the indemnification obligations included in Section 2.10(f2.11(e); any .
(iii) Any accrued and unpaid Unused Line Fee; and all .
(iv) Any applicable Early Termination Fee.
(v) All unreimbursed costs and expenses of the Lender for which any Borrower is responsible.
(b) On the Obligors are responsible; Termination Date, the Borrowers 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 Lender.
(c) Until such payment (Section (a)) and arrangements concerning any L/C’s then outstanding and, if 's (i) a contingent indemnity obligation is pending or threatened, Section (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 provided hereinb)), all provisions of this Agreement, other than those contained included in Article II 2: which place an any obligation on the Lender to make any loans or advances or to provide any financial accommodations under the Revolving Credit or otherwise, to any Borrower shall remain in full force and effect until all Liabilities, as the case may be, Liabilities shall have been paid in full full.
(d) The release by the Lender of the Collateral Interests granted to the Lender by the Borrowers hereunder may be upon such conditions and arrangements with respect indemnifications as the Lender may require.
(e) The Lender's obligation to L/Cs and contingent indemnity obligations as required herein have been maderelease 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.
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Actions on Termination. If no Event of Default exists and is continuing on (a) On the Termination Date, the Obligors Borrowers 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 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 ); any .
(ii) Any then remaining installments of the Administrative Agent's Fee.
(iii) Any payments due on account of the indemnification obligations included in Section 2.10(f); any Section.
(iv) Any accrued and unpaid Unused Line Fee; .
(v) Any 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.
(viii) All unreimbursed costs and expenses of Lender each Agent and of Lenders' Special Counsel for which each Borrower is responsible.
(b) On the Obligors are responsible; Termination Date, the Borrowers shall also shall make such arrangements concerning any L/C's then outstanding as are reasonably satisfactory to the Lender Administrative Agent.
(c) Until such payment (Section ) and arrangements concerning any L/C’s then outstanding and, if 's (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 provided hereinSection ), all provisions of this Agreement, other than those contained included in Article II which place an any obligation on the Administrative Agent or any Revolving Credit Lender to make any loans or advances or to provide any financial accommodations under to any Borrower and those included in Article which place any obligation on the Revolving Credit Term Lender to make any loan or otherwise, advance or to provide any financial accommodation to any Borrower shall remain in full force and effect until all Liabilities, as the case may be, Liabilities shall have been paid in full full.
(d) The release by the Collateral Agent of the Collateral Interests granted the Collateral Agent by the Borrowers hereunder may be upon such conditions and arrangements with respect to L/Cs and contingent indemnity obligations indemnifications as required herein have been madethe Administrative Agent may require.
Appears in 1 contract
Actions on Termination. If no Event of Default exists and is continuing on (a) On the Termination Date, the Obligors Borrowers shall pay the Lender (whether or not then due), in immediately available funds, all then existing 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 ); any .
(ii) Any payments due on account of the indemnification obligations included in Section 2.10(f2.12(e); any .
(iii) Any accrued and unpaid Unused Line Fee; and all .
(iv) Any applicable Early Termination Fee.
(v) All unreimbursed costs and expenses of the Lender for which any Borrower is responsible.
(b) On the Obligors are responsible; and Termination Date, the 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 Lender.
(c) Until such payment (Section (a)) and arrangements 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 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; shall make such arrangements as are reasonably satisfactory to the Lender concerning any L/C’s then outstanding and, if (i) a contingent indemnity obligation is pending or threatened, Section (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 provided hereinb)), all provisions of this Agreement, other than those contained included in Article II 2: which place an any obligation on the Lender to make any loans or advances or to provide any financial accommodations under the Revolving Credit or otherwiseto any Borrower, shall remain in full force and effect until all Liabilities, as the case may be, Liabilities shall have been paid in full and full.
(d) On the Termination Date, the Borrower shall make such arrangements with respect to L/Cs any other continuing Liabilities (such as the Borrower’s continuing Liability to reimburse the Lender as set forth in Section 14.8 and contingent indemnity obligations continuing indemnification Liability set forth in 14.13 concerning matters or circumstances actually known to the Lender as required herein have been madeof 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 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.
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Actions on Termination. If no Event of Default exists and is continuing on (a) On the Termination Date, the 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 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); any .
(ii) Any payments due on account of the indemnification obligations included in Section 2.10(f2.11(e); any .
(iii) Any accrued and unpaid Unused Line Fee; and all .
(iv) Any applicable Revolving Credit Early Termination Fee.
(v) All unreimbursed costs and expenses of the Lender for which the Obligors are 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 Lender.
(c) Until such payment (Section 13.2(a)) and arrangements concerning any L/C’s then outstanding and’s, if Bank Products, and Bank Product Obligations (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 provided hereinSection 13.2(b)), all provisions of this Agreement, other than those contained included in Article II 2 which place an any obligation on the Lender to make any loans or advances or to provide any financial accommodations under to the Revolving Credit or otherwise, Borrower shall remain in full force and effect until all Liabilities, as the case may be, Liabilities shall have been paid in full and full.
(d) On the Termination Date, the Borrower shall make such arrangements with respect to L/Cs any other continuing Liabilities (such as the Borrower’s continuing Liability to reimburse the Lender as set forth in Section 14.10 and contingent indemnity obligations continuing indemnification Liability set forth in Section 14.14) as required herein have been madeare 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. If no Event of Default exists and is continuing on (a) On the Termination Date, the 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 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); any .
(ii) Any payments due on account of the indemnification obligations included in Section 2.10(f2.11(e); any .
(iii) Any accrued and unpaid Unused Line Fee; and all .
(iv) Any applicable Revolving Credit Early Termination Fee.
(v) All unreimbursed costs and expenses of the Lender for which the Obligors are Borrower is responsible; .
(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 Lender.
(c) Until such payment (Section 13.2(a)) and arrangements concerning any L/C’s then outstanding and's, if Bank Products, and Bank Product Obligations (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 provided hereinSection 13.2(b)), all provisions of this Agreement, other than those contained included in Article II 2 which place an any obligation on the Lender to make any loans or advances or to provide any financial accommodations under to the Revolving Credit or otherwise, Borrower shall remain in full force and effect until all Liabilities, as the case may be, Liabilities shall have been paid in full and full.
(d) On the Termination Date, the Borrower shall make such arrangements with respect to L/Cs any other continuing Liabilities (such as the Borrower's continuing Liability to reimburse the Lender as set forth in Section 14.9 and contingent indemnity obligations continuing indemnification Liability set forth in Section 14.13) as required herein have been madeare 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. If no Event of Default exists and is continuing on (a) On the Termination Date, the Obligors Loan Parties 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 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); any .
(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 2.10(f2.11(e); any .
(v) Any accrued and unpaid Unused Line Fee; .
(vi) Any applicable Revolving Credit Early Termination Fee.
(vii) All accrued and all 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 Lender each Agent and of Lenders’ Special Counsel for which each Loan Party is responsible.
(b) On the Obligors are responsible; Termination Date, the Loan Parties shall also shall make such arrangements as are reasonably satisfactory to the Lender concerning any L/C’s then outstanding and, if as are reasonably satisfactory to the Administrative Agent (isuch as their being cash collateralized at 103 % of their then Stated Amount).
(c) a contingent indemnity obligation is pending or threatened, Until such payment (iiSection 19.2(a)) the continuing Event of Default arose under Sections 11.8 or 11.9, or and arrangements concerning L/C’s (iii) an Acceleration of the Liabilities or a Liquidation has occurred, concerning contingent, indemnity obligations. Until payment as provided hereinSection 19.2(b)), all provisions of this Agreement, other than those contained included in Article II 2 which place an any obligation on the Administrative Agent or any Revolving Credit Lender to make any loans or advances or to provide any financial accommodations under to any Borrower and those included in Article 3 which place any obligation on the Revolving Credit Tranche B Lender to make any loan or otherwiseadvance or to provide any financial accommodation to any Borrower, shall remain in full force and effect until all Liabilities, as the case may be, Liabilities shall have been paid in full full.
(d) The release by the Collateral Agent of the Collateral Interests granted the Collateral Agent by the Loan Parties hereunder may be upon such conditions and arrangements with respect to L/Cs and contingent indemnity obligations indemnifications as required herein have been madethe Administrative Agent reasonably may require.
Appears in 1 contract
Samples: Loan and Security Agreement (Casual Male Retail Group Inc)