Cancellation and Repayment. Subject to Clause 20.3 (Certain Funds Period), at any time after the occurrence of an Event of Default (and for so long as it is continuing), the Facility Agent may, and will if so directed by the Majority Lenders, by notice to the Parent do all or any of the following, in addition and without prejudice to any other rights or remedies which it or any other Finance Party may have under any other Senior Finance Document:
(a) terminate the availability of the Facilities, whereupon the Facilities shall cease to be available for drawing, the undrawn portion of the Commitments of each of the Lenders shall be cancelled and no Lender shall be under any further obligation to make Advances or issue Bank Guarantees; and/or
(b) declare all or any Advances, accrued interest on those Advances and any other amounts then payable under any Senior Finance Document to be immediately due and payable, whereupon those amounts shall become so due and payable; and/or
(c) declare all or any Advances to be payable on demand, whereupon those Advances shall become payable on demand; and/or
(d) require the provision of cash cover in relation to all or any outstanding Contingent Liabilities, whereupon each Borrower shall immediately provide cash cover in an amount equal to the total Contingent Liability of the Lenders under all Bank Guarantees issued for the account of the Borrowers.
Cancellation and Repayment. To the extent required by applicable law or regulations, the Company may cancel all or any portion of the Shares of Restricted Stock not yet vested and/or require repayment of any Shares (or the value thereof) issued to Participant in respect of this Agreement.
Cancellation and Repayment. (a) At any time after the occurrence of an Event of Default (excluding those Events of Default that constitute a Priority Acceleration Event or a Tranche D Acceleration Event, and whilst the same is continuing) the Facility Agent may, and will if so directed by the Majority Lenders, by written notice to Bidco do all or any of the following in addition and without prejudice to any other rights or remedies which it or any other Senior Finance Party may have under this Agreement or any of the other Senior Finance Documents:
(i) terminate the availability of the Facilities whereupon the Facilities shall cease to be available for drawing, the undrawn portion of the Commitments of each of the Lenders shall be cancelled and no Lender shall be under any further obligation to make Advances under this Agreement and no further Letters of Credit or Lender Guarantees may be requested under this Agreement; and/or
(ii) declare all or any of the Advances, accrued interest thereon and any other sum then payable under this Agreement and any of the other Senior Finance Documents to be immediately due and payable, whereupon such amounts shall become so due and payable; and/or
(iii) declare all or any of the Advances to be payable on demand whereupon the same shall become payable on demand; and/or
(iv) require the provision of cash cover whereupon each Borrower shall immediately provide cash cover in an amount equal to the total Contingent Liability of the Lenders under all Letters of Credit and Lender Guarantees issued under this Agreement for its account; and/or
(v) exercise or direct the Security Agent to exercise any or all of its rights, remedies, powers or discretions under the Finance Documents.
(b) At any time after the occurrence of a Priority Acceleration Event (and whilst the same is continuing) the Facility Agent may, and will if so directed by the Majority Priority Lenders, by written notice to Bidco do all or any of the following in addition and without prejudice to any other rights or remedies which it or any other Senior Finance Party may have under this Agreement or any of the other Senior Finance Documents:
(i) terminate the availability of the Priority Facilities whereupon the Priority Facilities shall cease to be available for drawing, the undrawn portion of the Commitments of each of the Lenders in respect of the Priority Facilities shall be cancelled and no Lender shall be under any further obligation to make Advances under the Priority Facilities under t...
Cancellation and Repayment. At any time after the occurrence and during the continuance of an Event of Default the Agent may and, if so instructed by the Majority Lenders, will by notice to the Borrower:- 106 Executed Copy 108
(a) cancel any unborrowed amount of the Facilities (whereupon the commitment of each Lender in respect to each Facility shall be reduced to zero); and/or
(b) declare all Advances, accrued interest thereon and any other sum accrued under this Agreement and any of the other Finance Documents to be immediately due and payable, whereupon they shall become so due and payable.
Cancellation and Repayment. At any time after the occurrence and during the continuance of an Event of Default the Agent may and, if so instructed by the Majority Lenders, will by notice to the Trust:
(a) declare such event to constitute an Event of Default; and/or
(b) declare all or any part of the Advances, accrued interest thereon and any other sum accrued under this Agreement and any of the other Finance Documents to be immediately due and payable, whereupon such amounts shall become so due and payable provided, however, that in the event of an actual or deemed entry of an order for relief with respect to a Bankruptcy Party under the Bankruptcy Code, (A) the obligation of each Lender to make Advances pursuant to its Commitment its Advance shall automatically be terminated and (B) the Notes, all interest thereon and all other amounts payable under this Agreement shall automatically become and be due and payable, without procurement, demand, protest or any notice of any kind, all of which are hereby expressly waived by the Trust.
Cancellation and Repayment. At any time after the occurrence and during the continuance of an Event of Default the Agent may and, if so instructed by the Requisite Lenders, will by notice to the Borrower:-
(1) cancel any unborrowed amount of the Facility (whereupon the commitment of each Lender in respect to the Facility shall be reduced to zero); and/or
(2) declare all Advances, accrued interest thereon and any other sum accrued under this Agreement and any of the other Finance Documents to be immediately due and payable, whereupon they shall become so due and payable.
Cancellation and Repayment. (a) All outstanding BDC Facility Obligations are repayable on demand by the Bank. Notwithstanding any other provision of this Agreement, the Bank may, at any time, in its sole discretion on notice to the Borrower: (i) terminate any right to make requests for credit or advances under the BDC Facility; (ii) even if the Bank has not terminated such right to request credit or advances under the BDC Facility, decline any request for credit or advances under the BDC Facility, including requests for renewals or reissuances of any instruments or advances; (iii) demand repayment of all outstanding BDC Facility Obligations at any time, all upon such notice and otherwise in accordance with Applicable Law as the Bank may, in its absolute discretion, determine.
(b) Until demand is made by the Bank (and without prejudice to the Bank’s unfettered right to demand accelerated repayment at any time):
(i) the Borrower shall pay interest only (in accordance with Section 2.04 above) for the period commencing on the Closing Date and ending on December 30, 2021; and
(ii) commencing on December 31, 2021, and on the first day of each and every month thereafter, the Borrower shall (in addition to paying interest on the then Outstanding Principal Amount in accordance with Section 2.04 above) repay the then Outstanding Principal Amount in equal repayment installments of $52,083.33 (being the result of amortizing the BDC Facility Limit monthly on a ‘straight line’ basis for a nominal period of ten (10) years).
(c) Without prejudice to the Bank’s unfettered right to make demand for accelerated repayment at any time, the Borrower must pay and repay all outstanding BDC Facility Obligations by no later than the BDC Facility Maturity Date.
Cancellation and Repayment. At any time after the occurrence of an Event of Default (and whilst the same is continuing) the Facility Agent may, and will if so directed by the Majority Banks, by written notice to the Borrower do all or any of the following in addition and without prejudice to any other rights or remedies which it or any other Finance Party may have under this Agreement or any of the other Finance Documents:
(a) declare all Advances, accrued interest thereon and any other sum then payable under this Agreement and any of the other Bank Finance Documents to be immediately due and payable, whereupon such amounts shall become so due and payable; and/or
(b) declare all Advances to be payable on demand whereupon the same shall become payable on demand; and/or
(c) require the Borrower to provide Cash Collateral for the L/C Exposure of each Letter of Credit (less the aggregate of any remaining Cash Collateral provided under Clause 12.1 (Illegality) or Clause 12.2 (Increased Costs)) whereupon the Borrower shall provide such Cash Collateral.
Cancellation and Repayment. At any time after the occurrence of an Event of Default and while the same is continuing the Mezzanine Agent may, and if so directed by the Majority Mezzanine Lenders, by written notice to the Borrower do all or any of the following in addition and without prejudice to any other rights or remedies which it or any other Mezzanine Finance Party may have under this Agreement or any of the other Mezzanine Finance Documents:
(a) cancel all of the Commitments whereupon the same shall be cancelled forthwith and reduced to zero and the Mezzanine Lenders will have no further obligations hereunder; and/or
(b) declare all outstanding Advances to be immediately due and payable, whereupon the same shall become immediately due and payable by the Borrower, together with interest accrued thereon and all other sums due, owing or payable under each of the Mezzanine Finance Documents (including such amount (if any) as any Mezzanine Lender may certify pursuant to Clause 30.1 (General Indemnity and Breakage Costs)) or declare the same to be due and payable on demand in which case the Borrower shall make payment thereof on demand by the Mezzanine Agent made at any time thereafter; and/or
(c) take any other action, exercise any other right or pursue any other remedy conferred upon the Mezzanine Agent and/or a Mezzanine Lender by any Mezzanine Finance Document or by any applicable law or regulation or otherwise as a consequence of such Event of Default.
Cancellation and Repayment. At any time after the occurrence of an Event of Default which is continuing, the Mezzanine Facility Agent may, and will if so directed by the Majority Mezzanine Lenders, by notice to the Parent do all or any of the following, in addition and without prejudice to any other rights or remedies which it or any other Mezzanine Finance Party may have under any other Mezzanine Finance Document:
(a) terminate the availability of the Facility, whereupon the Facility shall cease to be available for drawing, the undrawn portion of the Commitments of each of the Mezzanine Lenders shall be cancelled and no Mezzanine Lender shall be under any further obligation to make the Advance; and/or
(b) declare the Advance, accrued interest on the Advance and any other amounts then payable under any Mezzanine Finance Document to be immediately due and payable, whereupon those amounts shall become so due and payable; and/or
(c) declare the Advance to be payable on demand, whereupon the Advance shall become payable on demand.
