Common use of DEFAULT UNDER OTHER CREDIT DOCUMENTS Clause in Contracts

DEFAULT UNDER OTHER CREDIT DOCUMENTS. There shall exist or occur any "Event of Default" as provided under the terms of any other Credit Document, or any Credit Document ceases to be in full force and effect or the validity or enforceability thereof is disaffirmed by or on behalf of Borrower or any other Credit Party, or at any time it is or becomes unlawful for Borrower or any other Credit Party to perform or comply with its obligations under any Credit Document, or the obligations of Borrower or any other Credit Party under any Credit Document are not or cease to be legal, valid and binding on Borrower or any such Credit Party; then, and in any such event, and at any time thereafter if any Event of Default shall then be continuing, the Lender shall, by written notice to Borrower, take any or all of the following actions, without prejudice to the rights of any holder of the Revolving Note to enforce its claims against Borrower or any other Credit Party: (i) declare the Revolving Loan Commitment terminated, whereupon the Revolving Loan Commitment shall terminate immediately and Fees shall forthwith become due and payable without any other notice of any kind; and (ii) declare the principal of and any accrued interest on the Revolving Loans, and all other Obligations owing hereunder, 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 Borrower; provided, that, if an Event of Default specified in Section 7.05 of this Agreement shall occur, the result which would occur upon the giving of written notice by the Lender to any Credit Party, as specified in clauses (i) and (ii) above, shall occur automatically without the giving of any such notice.

DEFAULT UNDER OTHER CREDIT DOCUMENTS. There shall exist or occur any "Event of Default" as provided under the terms of any other Credit Document, or any Credit Document ceases to be in full force and effect or the validity or enforceability thereof is disaffirmed by or on behalf of Borrower or any other Credit PartyConsolidated Company, or at any time it is or becomes unlawful for Borrower or any other Credit Party Consolidated Company to perform or comply with its obligations under any Credit Document, or the obligations of Borrower or any other Credit Party under Consolidated Company, any Credit Document are not or cease to be legal, valid and binding on Borrower or any such Credit Party; thenConsolidated Company. Then, and in any such event, and at any time thereafter if any Event of Default shall then be continuing, the Lender Administrative Agent may, and upon the written or telex request of the Required Lenders, shall, by written notice to Borrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent, any Lender or the holder of the Revolving any Note to enforce its claims against Borrower or any other Credit PartySubsidiary Guarantor: (i) declare the Revolving Loan Commitment all Commitments terminated, whereupon the Revolving Loan Commitment Commitments of each Lender shall terminate immediately and Fees any Facility Fee shall forthwith become due and payable without any other notice of any kind; and (ii) declare the principal of and any accrued interest on the Revolving Loans, and all other Obligations owing hereunder, hereunder 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; provided, that, if an Event of Default specified in Section 7.05 of this Agreement 8.7. shall occur, the result which would occur upon the giving of written no notice by the Lender to any Credit Party, as specified shall be required before those matters set forth herein and in clauses subpart (i) above shall be effective; (iii) may exercise all remedies under any Subsidiary Guarantee; and (iiiv) abovemay exercise any other rights or remedies available under the Credit Documents, shall occur automatically without the giving of any such noticeat law or in equity.

DEFAULT UNDER OTHER CREDIT DOCUMENTS. There shall exist or occur any "Event of Default" as provided under the terms of any other Credit Document, or any Credit Document ceases to be in full force and effect or the validity or enforceability thereof is disaffirmed by or on behalf of Borrower or any other Credit PartyConsolidated Company, or at any time it is or becomes unlawful for Borrower or any other Credit Party Consolidated Company to perform or comply with its obligations under any Credit Document, or the obligations of Borrower or any other Credit Party Consolidated Company under any Credit Document are not or cease to be legal, valid and binding on Borrower or any such Credit Party; then, and in any such event, and at any time thereafter if any Event of Default shall then be continuing, the Lender shall, by written notice to Borrower, take any or all of the following actions, without prejudice to the rights of any holder of the Revolving Note to enforce its claims against Borrower or any other Credit Party: Consolidated Company; (i) declare the Revolving Loan Commitment all Commitments terminated, whereupon the Revolving Loan Commitment Commitments of each Lender shall terminate immediately and Fees any facility fee shall forthwith become due and payable without any other notice of any kind; and (ii) declare the principal of and any accrued interest on the Revolving Loans, and all other Obligations owing hereunder, hereunder 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; provided, that, if an Event of Default specified in Section 7.05 of this Agreement 9.7. shall occur, the result which would occur upon the giving of written notice by the Lender Agent to any Credit PartyConsolidated Company, as specified in clauses (i) and (ii) above, shall occur automatically without the giving of any such notice., and (iii) may exercise any other rights or remedies available under the Credit Documents, at law or in equity. 84

DEFAULT UNDER OTHER CREDIT DOCUMENTS. There shall exist or occur any "Event of Default" as provided under the terms of any other Credit Document, or any Credit Document ceases to be in full force and effect or the validity or enforceability thereof is disaffirmed by or on behalf of Borrower or any other Credit PartyConsolidated Company, or at any time it is or becomes unlawful for Borrower or any other Credit Party Consolidated Company to perform or comply with its obligations under any Credit Document, or the obligations of Borrower or any other Credit Party under Consolidated Company, any Credit Document are not or cease to be legal, valid and binding on Borrower or any such Credit Party; thenConsolidated Company. Then, and in any such event, and at any time thereafter if any Event of Default shall then be continuing, the Lender Agent may, and upon the written or telex request of the Required Lenders, shall, by written notice to Borrower, take any or all of the following actions, without prejudice to the rights of the Agent, any Lender or the holder of the Revolving any Note to enforce its claims against Borrower Borrower, Guarantor, or any other Credit PartySubsidiary Guarantor: (i) declare the Revolving Loan Commitment all Commitments terminated, whereupon the Revolving Loan Commitment Commitments of each Lender shall terminate immediately and Fees any Facility Fee shall forthwith become due and payable without any other notice of any kind; and (ii) declare the principal of and any accrued interest on the Revolving Loans, and all other Obligations owing hereunder, hereunder 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; provided, that, if an Event of Default specified in Section 7.05 of this Agreement 8.7. shall occur, the result which would occur upon the giving of written no notice by the Lender to any Credit Party, as specified shall be required before those matters set forth herein and in clauses subpart (i) above shall be effective; (iii) may exercise all remedies under the Corporate Guaranty or any Subsidiary Guaranty; and (iiiv) abovemay exercise any other rights or remedies available under the Credit Documents, shall occur automatically without the giving of any such noticeat law or in equity.

DEFAULT UNDER OTHER CREDIT DOCUMENTS. There shall exist or occur any "Event of Default" as provided under the terms of any other Credit Document, or any Credit Document ceases to be in full force and effect or the validity or enforceability thereof is disaffirmed by or on behalf of Borrower or any other Credit PartyConsolidated Company, or at any time it is or becomes unlawful for Borrower or any other Credit Party Consolidated Company to perform or comply with its obligations under any Credit Document, or the obligations of Borrower or any other Credit Party Consolidated Company under any Credit Document are not or cease to be legal, valid and binding on Borrower or any such Credit Party; then, and in any such event, and at any time thereafter if any Event of Default shall then be continuing, the Lender shall, by written notice to Borrower, take any or all of the following actions, without prejudice to the rights of any holder of the Revolving Note to enforce its claims against Borrower or any other Credit Party: Consolidated Company; (i) declare the Revolving Loan Commitment all Commitments terminated, whereupon the Revolving Loan Commitment Commitments of each Lender shall terminate immediately and Fees any facility fee shall forthwith become due and payable without any other notice of any kind; and (ii) declare the principal of and any accrued interest on the Revolving Loans, and all other Obligations owing hereunder, hereunder 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; provided, that, if an Event of Default specified in Section 7.05 of this Agreement 9.7. shall occur, the result which would occur upon the giving of written notice by the Lender Agent to any Credit PartyConsolidated Company, as specified in clauses (i) and (ii) above, shall occur automatically without the giving of any such notice, and (iii) may exercise any other rights or remedies available under the Credit Documents, at law or in equity.

DEFAULT UNDER OTHER CREDIT DOCUMENTS. There shall exist or occur any "Event of Default" as provided under the terms of any other Credit Document, or any Credit Document ceases to be in full force and effect or the validity or enforceability thereof is disaffirmed by or on behalf of Borrower or any other Credit PartyConsolidated Company, or at any time it is or becomes unlawful for Borrower or any other Credit Party Consolidated Company to perform or comply with its obligations under any Credit Document, or the obligations of Borrower or any other Credit Party under Consolidated Company, any Credit Document are not or cease to be legal, valid and binding on Borrower or any such Credit Party; thenConsolidated Company. Then, and in any such event, and at any time thereafter if any Event of Default shall then be continuing, the Lender Agent may, and upon the written or telex request of the Required Lenders, shall, by written notice to Borrower, take any or all of the following actions, without prejudice to the rights of the Agent, any Lender or the holder of the Revolving any Note to enforce its claims against Borrower or any other Credit PartySubsidiary Guarantor: (i) declare the Revolving Loan Commitment all Commitments terminated, whereupon the Revolving Loan Commitment Commitments of each Lender shall terminate immediately and Fees any Facility Fee shall forthwith become due and payable without any other notice of any kind; and (ii) declare the principal of and any accrued interest on the Revolving Loans, and all other Obligations owing hereunder, hereunder 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; provided, that, if an Event of Default specified in Section 7.05 of this Agreement 8.7. shall occur, the result which would occur upon the giving of written no notice by the Lender to any Credit Party, as specified shall be required before those matters set forth herein and in clauses subpart (i) above shall be effective; (iii) may exercise all remedies under any Subsidiary Guaranty; and (iiiv) abovemay exercise any other rights or remedies available under the Credit Documents, shall occur automatically without the giving of any such noticeat law or in equity.

DEFAULT UNDER OTHER CREDIT DOCUMENTS. There shall exist or occur any "Event of Default" as provided under the terms of any other Credit Document, or any Credit Document ceases to be in full force and effect or the validity or enforceability thereof is disaffirmed by or on behalf of Borrower or any other Credit Party, or at any time it is or becomes unlawful for Borrower or any other Credit Party to perform or comply with its obligations under any Credit Document, or the obligations of Borrower or any other Credit Party under any Credit Document are not or cease to be legal, valid and binding on Borrower or any such Credit Party; then, and in any such event, and at any time thereafter if any Event of Default shall then be continuing, the Lender shall, by written notice to Borrower, take any or all of the following actions, without prejudice to the rights of any holder of the Revolving Note to enforce its claims against Borrower or any other Credit Party: ; (i) declare the Revolving Loan Commitment all Commitments terminated, whereupon the Revolving Loan Commitment Commitments of each Lender shall terminate immediately and Fees any commitment fee shall forthwith become due and payable without any other notice of any kind; and (ii) declare the principal of and any accrued interest on the Revolving Loans, and all other Obligations owing hereunder, including, without limitation, an amount equal to the maximum amount available to be drawn under all outstanding Letters of Credit (whether or not the beneficiary thereunder shall have presented, or shall be entitled at such time to present, the drafts or other documents required to draw under such Letters of Credit) 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; provided, that, if an Event of Default specified in Section 7.05 of this Agreement 8.07 shall occur, the result which would occur upon the giving of written notice by the Lender Agent to any Credit Party, as specified in clauses (i) and (ii) above, shall occur automatically without the giving of any such notice, and (iii) may exercise any other rights or remedies available under the Credit Documents, at law or in equity. As long as any Letters of Credit remain outstanding, any amounts described in clause (ii) above with respect to Letters of Credit, when received by the Agent, shall be deposited in a cash collateral account as cash collateral for the obligation of the Borrower under Article II of this Agreement in the event of any drawing under a Letter of Credit, and upon drawing under any outstanding Letter of Credit in respect of which the Agent has deposited in the cash collateral account any amounts described in clause (ii) above, the Agent shall pay such amounts to itself to reimburse itself for the amount of such drawing as provided in Section 2.07 hereof.