Enforcement of Rights. To the extent permitted by Law enforce any and all rights and interests created and existing under applicable Law and under the Loan Documents, including, without limitation, all rights of set‑off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Law, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 5 contracts
Samples: Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (PNM Resources Inc)
Enforcement of Rights. To the extent permitted by Law enforce Enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e9.01(e) shall occur, then the Commitments shall automatically terminate and all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by any Requirement of Law, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statuteDebtor Relief Law.
Appears in 4 contracts
Samples: Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc)
Enforcement of Rights. To the extent permitted by Law enforce Enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights and remedies against a Guarantor and all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then the Commitments shall automatically terminate and all Loans, all accrued interest in respect thereof, all accrued and unpaid fees fees, and all other Borrower Obligations indebtedness or obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the BorrowerCredit Parties. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Lawlaw, a separate right of payment and shall be considered a separate “"creditor” " holding a separate “"claim” " within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Brandywine Operating Partnership Lp /Pa), Term Loan Credit Agreement (Brandywine Realty Trust), Credit Agreement (Brandywine Realty Trust)
Enforcement of Rights. To the extent permitted by Law Law, enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights of set‑off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then the Commitment shall automatically terminate and all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the BorrowerBorrower and the Parent Guarantor. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Law, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 3 contracts
Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (PNM Resources Inc), Term Loan Credit Agreement (PNM Resources Inc)
Enforcement of Rights. To the extent permitted by Law law, enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights and remedies against a Guarantor and all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e9.1(f) shall occur, then all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations indebtedness or obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the BorrowerCredit Parties. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Lawlaw, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 2 contracts
Samples: Bridge Credit Agreement (Quest Diagnostics Inc), Credit Agreement (Quest Diagnostics Inc)
Enforcement of Rights. To the extent permitted by Law enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights of set‑off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then the Commitments shall automatically terminate and all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders by the Borrower hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Law, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Texas New Mexico Power Co), Term Loan Credit Agreement (Texas New Mexico Power Co)
Enforcement of Rights. To the extent permitted by Law enforce Enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights and remedies against a Guarantor and all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e9.1(f) shall occur, then the Commitments shall automatically terminate and all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations indebtedness or obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the BorrowerCredit Parties. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Lawlaw, a separate right of payment and shall be considered a separate “"creditor” " holding a separate “"claim” " within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Pulte Corp), Credit Agreement (Abacoa Homes Inc)
Enforcement of Rights. To the extent permitted by Law enforce any and all rights and interests created and existing under applicable Law and under the Loan Documents, including, without limitation, all rights of set‑offCredit Documents and the FMB Mortgage. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then the Commitments shall automatically terminate and all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders by the Borrower hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Law, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (PNM Resources Inc), Term Loan Credit Agreement (PNM Resources Inc)
Enforcement of Rights. To the extent permitted by Law enforce any and all rights and interests created and existing under applicable Law and under the Loan Documents, including, without limitation, all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable payable, in each case without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Law, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 2 contracts
Samples: Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico)
Enforcement of Rights. To the extent permitted by Law Law, enforce any and all rights and interests created and existing under applicable Law and under the Loan Documents, including, without limitation, all rights of set‑off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then all Loans, all accrued interest in respect thereof, thereof and all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Law, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 2 contracts
Samples: Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (PNM Resources Inc)
Enforcement of Rights. To the extent permitted by Law enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights of set‑off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then the Commitments shall automatically terminate and all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Law, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 1 contract
Enforcement of Rights. To the extent permitted by Law enforce any and all rights and interests created and existing under applicable Law and under the Loan Documents, including, without limitation, all rights of set‑off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Law, a separate right of payment and shall be considered a separate “"creditor” " holding a separate “"claim” " within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 1 contract
Enforcement of Rights. To the extent permitted by Law enforce Enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights and remedies against the Borrower and all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e8.1 (e) shall occur, then the Commitments shall automatically terminate and all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations indebtedness or obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Lawlaw, a separate right of payment and shall be considered a separate “"creditor” " holding a separate “"claim” " within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 1 contract
Samples: Line of Credit Agreement (Cornerstone Realty Income Trust Inc)
Enforcement of Rights. To the extent permitted by Law enforce Enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights and remedies against a Guarantor and all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then the Commitments shall automatically terminate and all Term Loans, all accrued interest in respect thereof, all accrued and unpaid fees and all other Borrower Obligations indebtedness or obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the BorrowerCredit Parties. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Lawlaw, a separate right of payment and shall be considered a separate “"creditor” " holding a separate “"claim” " within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 1 contract
Enforcement of Rights. To the extent permitted by Law enforce Enforce any and all rights and interests --------------------- created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e8.1(e) shall occur, then the Commitments shall automatically terminate and all Loans, all reimbursement obligations under Letters of Credit, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations indebtedness or obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent Agents or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Lawlaw, a separate right of payment and shall be considered a separate “"creditor” " holding a separate “"claim” " within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 1 contract
Samples: Credit Agreement (Knoll Inc)
Enforcement of Rights. To the extent permitted by Law enforce Enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e9.01(d) shall occur, then the Commitments shall automatically terminate and all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by any Requirement of Law, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statuteDebtor Relief Law.
Appears in 1 contract
Samples: Credit Agreement (Baker Hughes Inc)
Enforcement of Rights. To the extent permitted by Law enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then the Commitments shall automatically terminate and all Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Law, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 1 contract
Enforcement of Rights. To the extent permitted by Law enforce Enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights and remedies against a Guarantor and all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e) shall occur, then the Commitments shall automatically terminate and all Loans, all accrued interest in respect thereof, all accrued and unpaid fees fees, and all other Borrower Obligations indebtedness or obligations owing to the Administrative Agent and the Lenders hereunder shall automatically and immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the BorrowerBorrowers. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Lawlaw, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 1 contract
Enforcement of Rights. To the extent permitted by Law enforce any and all rights and interests created and existing under applicable Law and under the Loan Credit Documents, including, without limitation, all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e8.1(e) shall occur, then all Term Loans, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations owing to the Administrative Agent and the Lenders by the Borrower hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the Borrower. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Law, a separate right of payment and shall be considered a separate “creditor” holding a separate “claim” within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 1 contract
Enforcement of Rights. To the extent permitted by Law enforce Enforce any and all rights and interests --------------------- created and existing under applicable Law the Credit Documents and under the Loan Documents, including, without limitation, all rights of set‑offset-off. Notwithstanding the foregoing, if an Event of Default specified in Section 9.1(e9.1(f) shall occur, then the Commitments shall automatically terminate and all Revolving Loans, all reimbursement obligations under Letters of Credit, all accrued interest in respect thereof, all accrued and unpaid fees and other Borrower Obligations indebtedness or obligations owing to the Administrative Agent and the Lenders hereunder shall immediately become due and payable without the giving of any notice or other action by the Administrative Agent or the Lenders, which notice or other action is expressly waived by the BorrowerBorrowers. Notwithstanding the fact that enforcement powers reside primarily with the Administrative Agent, each Lender has, to the extent permitted by Lawlaw, a separate right of payment and shall be considered a separate “"creditor” " holding a separate “"claim” " within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.
Appears in 1 contract