Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Appears in 27 contracts
Samples: Loan and Security Agreement (American Biltrite Inc), Loan and Security Agreement (Congoleum Corp), Loan and Security Agreement (American Biltrite Inc)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of any Borrower or any Guarantor to comply with any of the covenants, conditions covenants and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing AgreementsAgreements (subject to the applicable cure period, if any, with respect thereto provided for in the Loan Agreement).
Appears in 6 contracts
Samples: Loan and Security Agreement (Pep Boys Manny Moe & Jack), Loan and Security Agreement (Pep Boys Manny Moe & Jack), Loan and Security Agreement (Pep Boys Manny Moe & Jack)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower Borrowers or any Guarantor One Price VI to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Appears in 5 contracts
Samples: One Price Clothing Stores Inc, One Price Clothing Stores Inc, One Price Clothing Stores Inc
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of any Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Loan Agreement and the other Financing AgreementsAgreements (subject to the applicable cure period, if any, with respect thereto provided for in the Loan Agreement as in effect on the date hereof).
Appears in 5 contracts
Samples: Loan and Security Agreement (Hartmarx Corp/De), Loan and Security Agreement (Hartmarx Corp/De), Loan and Security Agreement (Hartmarx Corp/De)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of any Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by any Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Appears in 4 contracts
Samples: Loan and Security Agreement (Lexington Precision Corp), Loan and Security Agreement (Lexington Precision Corp), Loan and Security Agreement (Lexington Precision Corp)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of any Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by any Borrower or any Guarantor in connection herewith shall in each case constitute an Event of Default under the Financing Agreements.
Appears in 3 contracts
Samples: Loan and Security Agreement (Lexington Precision Corp), Loan and Security Agreement (Lexington Precision Corp), Loan and Security Agreement (Lexington Precision Corp)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor Subsidiary Loan Party to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor such Subsidiary Loan Party in connection herewith shall constitute an Event of Default under the Financing AgreementsLoan Documents.
Appears in 3 contracts
Samples: Ratification and Amendment Agreement, Ratification and Amendment Agreement, Ratification Agreement (Spectrum Brands, Inc.)
Additional Events of Default. The parties hereto acknowledge, ---------------------------- confirm and agree that the failure of Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Appears in 2 contracts
Samples: Pny Technologies Inc, Pny Technologies Inc
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor Borrowers to comply with any of the covenants, conditions and agreements contained herein or herein, shall in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall each case constitute an Event of Default under the Financing Agreements.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lexington Precision Corp), Loan and Security Agreement (Lexington Precision Corp)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor Debtor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor such Debtor in connection herewith or with the terms and conditions of any Financing Order shall constitute an Event of Default under the Financing Agreements.
Appears in 2 contracts
Samples: Ratification and Amendment Agreement (Congoleum Corp), Ratification and Amendment Agreement (American Biltrite Inc)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor Debtor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor Debtor in connection herewith or with the terms and conditions of any Financing Order shall constitute an Event of Default under the Financing Agreements.
Appears in 2 contracts
Samples: Ratification And, Ratification and Amendment Agreement (Anchor Glass Container Corp /New)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of any Borrower or any Guarantor to comply with any of the covenants, conditions and agreements by such Loan Party contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing AgreementsLoan Documents.
Appears in 2 contracts
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of any Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by such Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing AgreementsLoan Documents.
Appears in 2 contracts
Samples: Ratification and Amendment Agreement (EveryWare Global, Inc.), Dip Loan Agreement (Ascendia Brands, Inc.)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor Debtor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor Debtor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Appears in 2 contracts
Samples: Accounts Financing Agreement (American White Cross Inc), Ratification and Amendment Agreement (Loehmanns Inc)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith it shall constitute an Event of Default under the Loan Agreement and the other Financing AgreementsAgreements if any Borrower or Guarantor fails to comply with the covenants, conditions and agreements contained herein.
Appears in 2 contracts
Samples: Ratification Agreement (Hartmarx Corp/De), Ratification Agreement (Hartmarx Corp/De)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor Guarantors to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Appears in 2 contracts
Samples: Loan and Security Agreement (Rouge Industries Inc), Loan and Security Agreement (Rouge Industries Inc)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of each Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under this Agreement, the Loan Agreement and the other Financing AgreementsAgreements and shall not be subject to any cure or grace period pursuant to Section 10.1(a)(ii) of the Loan Agreement or otherwise.
Appears in 1 contract
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor Debtor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor such Debtor in connection herewith shall constitute an Event of Default under the Financing AgreementsAgreements in accordance with the terms and conditions thereof as amended by this Agreement and the Financing Order.
Appears in 1 contract
Additional Events of Default. The parties hereto Parties acknowledge, confirm confirm, and agree that the failure of Borrower or any Guarantor to comply with any of the covenants, conditions conditions, and agreements contained herein or in any other agreement, document document, or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing AgreementsLoan Documents.
Appears in 1 contract
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of any Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Appears in 1 contract
Samples: Loan and Security Agreement (Safety Components International Inc)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that any misrepresentation by the Borrower or the Guarantors, or any failure of the Borrower or any Guarantor the Guarantors to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith this Agreement shall constitute an Event of Default under the Financing AgreementsCredit Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Fourth Forbearance Agreement (Haights Cross Communications Inc)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by such Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Appears in 1 contract
Samples: Ratification and Amendment Agreement (Anvil Holdings Inc)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor the Envision Guarantors to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed and/or delivered by Borrower with, to or any Guarantor in connection herewith favor of Lender shall constitute an Event event of Default default under the Financing Agreements.
Appears in 1 contract
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements and the Factoring Agreements.
Appears in 1 contract
Samples: Ratification and Amendment Agreement (Delta Woodside Industries Inc /Sc/)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor Debtor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor such Debtor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Appears in 1 contract
Samples: Ratification and Amendment Agreement (PNG Ventures Inc)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower Borrowers or any Guarantor Guarantors to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing AgreementsDefault.
Appears in 1 contract
Samples: Loan and Security Agreement (Trans World Entertainment Corp)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of any Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by any Borrower or any Guarantor in connection herewith herewith, shall constitute an Event of Default under the Financing Agreements.
Appears in 1 contract
Samples: Loan and Security Agreement (Lexington Precision Corp)
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of any Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by such Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Appears in 1 contract
Samples: Ratification and Amendment Agreement (Hartmarx Corp/De)
Additional Events of Default. The parties hereto ---------------------------- acknowledge, confirm and agree that the failure of Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument amendment at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Appears in 1 contract
Samples: Pny Technologies Inc
Additional Events of Default. The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.. <PAGE> 6.6
Appears in 1 contract
Samples: Loan and Security Agreement