Common use of Capital Call Agreement Clause in Contracts

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, or upon the occurrence of any Event of Default specified in Section 9.05 in respect of the Borrower, it will pay) to the Collateral Agent at the Payment Office such additional amounts of cash, to be held as security for the Borrower's reimbursement obligations in respect of Letters of Credit then outstanding equal to the aggregate Stated Amount of all Letters of Credit then outstanding and (vi) apply any cash collateral delivered pursuant to this Agreement to the payment of outstanding Obligations.

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 thereofeffect, or Xxxxx JFLEI, any Credit Party or any Person acting by or on behalf of Xxxxx JFLEI or any such Credit Party shall deny or disaffirm its obligations under the Capital Call Agreement or Xxxxx JFLEI, any Credit Party or any Person acting on or behalf of Xxxxx JFLEI or any such Credit Party 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 JFLEI 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 shallAgent, upon the written request of the Required LendersBanks, shall by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of any Agent, any Bank or the Administrative Agent or holder of any Lender Note to enforce its claims against the Borrowerany Credit Party (PROVIDED, except as otherwise specifically provided for in this Agreement (provided that, -------- if an Event of Default specified in Section 9.05 10.05 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 all Commitments of each Lender Bank 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 the Notes and all obligations 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 Borrowereach Credit Party; (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; (viv) direct the Borrower to pay (and the Borrower hereby agrees that upon receipt of such notice, or upon the occurrence of any an Event of Default specified in Section 9.05 in 10.05 with respect of to the Borrower, it will pay) to the Collateral Agent at the Payment Office such additional amounts amount of cashcash or Cash Equivalents, to be held as security for by the Borrower's reimbursement obligations in respect of Letters of Credit then outstanding Collateral Agent, as is equal to the aggregate Stated Amount of all Letters of Credit issued for the account of the Borrower and then outstanding outstanding; (v) enforce, as Collateral Agent, all of the Liens and security interests created pursuant to the Security Documents; and (vi) apply any cash collateral delivered held by the Agent pursuant to this Agreement Section 4.02 to the payment repayment of outstanding the Obligations.

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 thereofeffect, 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 Consumers shall default in the any material respect in due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to the Capital Call Agreement thereto or a Capital Call Event any party thereto shall deny or disaffirm any 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 madeits obligations thereunder; 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 Credit Agreement (provided that, -------- if an Event of Default specified in Section 9.05 9.1(e) 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 Commitments terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately and any Commitment Commission Unused Line Fee accrued and unpaid 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 Revolving Loans and all obligations 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), enforce any or all of the Liens and security interests created pursuant to the Security Collateral Documents; (iv) terminate any Letter of Credit which may be terminated in accordance with its terms; and/or (v) direct the Borrower to pay (and the Borrower hereby agrees upon receipt of such notice, or upon the occurrence of any Event of Default specified in Section 9.05 9.1(e) in respect of the Borrower, it will pay) to the Collateral Agent Payments Administrator at the its Payment Office such additional amounts of cash, to be held as security for the Borrower's reimbursement obligations in respect of Letters Letter of Credit then outstanding equal to the aggregate Stated Amount of all Letters of Credit then outstanding and (vi) apply any cash collateral delivered pursuant to this Agreement to the payment of outstanding Obligations.

Capital Call Agreement. (a) The At any time prior to the termination of the Capital Call Agreement in accordance with the terms thereof, the Capital Call Agreement or any ---------------------- material provision thereof shall cease to be in full force and effect except in accordance with the terms thereofeffect, or Xxxxx the Contributor or any Person acting by or on behalf of Xxxxx the Contributor shall deny or disaffirm its obligations under Section 2, 3, 4 or 11 of the Capital Call Agreement or Xxxxx or any Person acting on or behalf of Xxxxx the Contributor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to Section 2, 3, 4 or 11 of the Capital Call Agreement or a Capital Call Event the Contributor shall be subject to any proceeding 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 type described in the Capital Call Agreement shall prove to be untrue in any material respect on the date as of which made or deemed madeSection 10.05; 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 any Guarantor or the Borrower, except as otherwise specifically provided for in this Agreement (provided that, -------- PROVIDED that if an Event of Default specified in Section 9.05 10.05 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 Fees 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 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, or upon the occurrence of any Event of Default specified in Section 9.05 in respect of the Borrower10.05, it will to pay) to the Collateral Agent at the Payment Office such additional amounts of cash, to be held as security for the Borrower's reimbursement obligations in respect of Letters of Credit then outstanding outstanding, equal to the aggregate Stated Amount of all Letters of Credit then outstanding outstanding; and (vi) apply any cash collateral delivered pursuant to this Agreement to the payment of outstanding Obligationsas provided in Section 4.02.