Capital Call Agreement. The Company shall have received the net cash proceeds from the equity contribution or purchase of its Capital Stock, as the case may be, to the extent required by, and upon the terms of, Section 2 (only to the extent such Section relates to the consolidated leverage ratio (as defined therein) requirement with respect to the four full fiscal quarter period commencing on March 23, 2003) of the Capital Call Agreement as in effect on the Issue Date and shall use such net cash proceeds to repay Indebtedness and/or purchase subordinated participations in obligations under the Credit Agreement, in each case, in compliance with the Capital Call Agreement as in effect on the Issue Date.
Capital Call Agreement. (a) The Capital Call Agreement or any ---------------------- provision thereof shall cease to be in full force and effect except in accordance with the terms thereof, or Xxxxx or any Person acting by or on behalf of Xxxxx shall deny or disaffirm its obligations under the Capital Call Agreement or Xxxxx or any Person acting on or behalf of Xxxxx shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to the Capital Call Agreement or a Capital Call Event of Default under, and as defined in, the Capital Call Agreement shall occur; or
(b) Any representation, warranty or statement made (or deemed made) by Xxxxx in the Capital Call Agreement shall prove to be untrue in any material respect on the date as of which made or deemed made; then, and in any such event, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Borrower, except as otherwise specifically provided for in this Agreement (provided that, -------- if an Event of Default specified in Section 9.05 shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately and any Commitment Commission shall forthwith become due and payable without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans and all obligations owing hereunder (including Unpaid Drawings) and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; (iii) enforce, as Collateral Agent (or direct the Collateral Agent to enforce), any or all of the Liens and security interests created pursuant to the Security Documents; (iv) terminate any Letter of Credit which may be terminated in accordance with its terms; (v) direct the Borrower to pay (and the Borrower hereby agrees upon receipt of such notice...
Capital Call Agreement. (a) The Capital Call Agreement or any provision thereof shall cease to be in full force and effect except in accordance with the terms thereof, or Xxxxxxx or any Person acting by or on behalf of Xxxxxxx (including a Qualified Trust) shall deny or disaffirm its obligations under the Capital Call Agreement or Xxxxxxx or any Person acting on or behalf of Xxxxxxx shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to the Capital Call Agreement or a Capital Call Event of Default under, and as defined in, the Capital Call Agreement shall occur; or
(b) Any representation, warranty or statement made (or deemed made) by Xxxxxxx in the Capital Call Agreement shall prove to be untrue in any material respect on the date as of which made or deemed made; or
Capital Call Agreement. The Capital Call Agreement shall be in effect and shall require the investment contemplated, including in the amount set forth in Section 2 hereof, by this Agreement.
Capital Call Agreement. Promptly following the execution of this Agreement and to the extent it has not already done so, each Purchaser shall make any Capital Call necessary to fulfill such Purchaser’s obligations hereunder, including to pay the Purchase Price, and shall provide confirmation to the Company of such Capital Call. Any such Capital Call shall comply with the partnership or other agreement or governing documents of such Purchaser. Until satisfaction by each Purchaser of all of such Purchaser’s obligations under the this Purchase Agreement, such Purchaser shall not modify, delay or cancel such Capital Call.
Capital Call Agreement. On the Restatement Effective Date, the Contributor shall have duly authorized, executed and delivered the Capital Call Agreement in the form of Exhibit J (as amended, modified or supplemented from time to time in accordance with the terms thereof and hereof, the "Capital Call Agreement"), and the Capital Call Agreement shall be in full force and effect.
Capital Call Agreement. The Company shall have received the net cash proceeds from the equity contribution or purchase of its Capital Stock, as the case may be, to the extent required by, and upon the terms of, the Capital Call Agreement as in effect on the Effective Date.
Capital Call Agreement. On or prior to the Initial Borrowing ---------------------- Date, Xxxxx shall have duly authorized, executed and delivered the Capital Call Agreement in the form of Exhibit H (as amended, modified or supplemented from time to time, the "Capital Call Agreement") and Xxxxx'x obligations in respect thereof shall have been assigned to the Collateral Agent for the benefit of the Lenders in a manner satisfactory to the Collateral Agent.
Capital Call Agreement. On the Restatement Effective Date, JFLEI, Holdings and the Borrower shall have duly authorized, executed and delivered the Capital Call Agreement in the form of Exhibit J (as amended, modified or supplemented from time to time, the "Capital Call Agreement").
Capital Call Agreement. On the Closing Date, (i) Consumers shall have duly authorized, executed and delivered the Capital Call Agreement in the form of Exhibit R (as modified, amended or supplemented from time to time in accordance with the terms thereof and hereof, the "Capital Call Agreement") and (ii) the Agent shall have received an acknowledgment and agreement from Toronto-Dominion in form and substance satisfactory to the Agent with respect to the Capital Call Agreement.
