Events of Default and Acceleration. If any of the following events ("Events of Default" or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or lapse of time, "Defaults") shall occur: (a) the Borrower shall fail to pay any principal of the Loans or any Reimbursement Obligation when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment; (b) the Borrower or any of its Subsidiaries shall fail to pay any interest on the Loans, the commitment fee, any Letter of Credit Fee or the Agent's fee, when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment or shall fail to pay any other sums due hereunder or under any of the other Loan Documents within five (5) days of when the same shall become due and payable; (c) the Borrower shall fail to comply with any of its covenants contained in (S)9 (other than the covenants contained in (S)9.2, (S)9.4, the second sentence of (S)9.6, (S)9.8, (S)9.11 and (S)
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P), Revolving Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp)
Events of Default and Acceleration. If any of the following ------ -- ------- --- ------------ events ("Events of Default" or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or and/or lapse of time, "Defaults") shall occur:
(a) if the Borrower Borrowers shall fail to pay any principal of the Loans or any Reimbursement Obligation when the same shall become due and payable, whether at the stated date of maturity Maturity Date or any accelerated date of maturity or at any other date fixed for payment;
(b) if the Borrower or any of its Subsidiaries Borrowers shall fail to pay any interest on the LoansReimbursement Obligation, the commitment feeinterest, any Letter of Credit Fee fees or the Agent's fee, when other amounts owing hereunder within five (5) Business Days after the same shall become due and payable, payable whether at the stated date of maturity Maturity Date or any accelerated date of maturity or at any other date fixed for payment or payment;
(c) if the Borrowers shall fail to pay comply with the covenants contained in (S)(S)6.1, 6.3, 6.4, 6.5, 6.7, 6.13, 6.14, 6.16, 6.18, 7 or 8 hereof;
(d) if the Borrowers shall fail to perform any other sums due hereunder term, covenant or under agreement contained herein or in any of the other Loan Documents within five (5) days of when the same shall become due other than those specified in subsections (a), (b), and payable;
(c) above) within thirty (30) days after written notice of such failure has been given to the Borrower shall fail to comply with any of its covenants contained in (S)9 (other than Borrowers by the covenants contained in (S)9.2, (S)9.4, the second sentence of (S)9.6, (S)9.8, (S)9.11 and (S)Banks;
Appears in 1 contract
Samples: Revolving Credit Agreement (Eastern Environmental Services Inc)
Events of Default and Acceleration. If any of the following events ("“Events of Default" ” or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or and/or lapse of time, "“Defaults"”) shall occur:
(a) if the Borrower Borrowers shall fail to pay any principal of the Loans or any Reimbursement Obligation when the same shall become due and payable, whether at the stated date of maturity Revolving Credit Maturity Date, or any accelerated date of maturity or at any other date fixed for payment;
(b) if the Borrower or any of its Subsidiaries Borrowers shall fail to pay any interest on or fees or other amounts owing under the Loans, the commitment fee, any Letter of Credit Fee or the Agent's fee, when Loan Documents within five (5) Business Days after the same shall become due and payable, payable whether at the stated date of maturity Revolving Credit Maturity Date or any accelerated date of maturity or at any other date fixed for payment or payment;
(c) if the Borrowers shall fail to pay comply with the covenants contained in §§6.5, 6.13, 6.14, 6.15, 7 or 8;
(d) if the Borrowers shall fail to perform any other sums due hereunder term, covenant or under agreement contained herein or in any of the other Loan Documents (other than those specified in subsections (a), (b) and (c) above) within five (5) 30 days after written notice of when such failure has been given to the same shall become due and payableBorrowers by the Administrative Agent or any Lender;
(ce) the Borrower shall fail to comply with if any of its covenants representation or warranty contained in (S)9 (other than this Credit Agreement or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall prove to have been false in any material respect upon the covenants contained in (S)9.2, (S)9.4, the second sentence of (S)9.6, (S)9.8, (S)9.11 and (S)date when made or repeated;
Appears in 1 contract
Samples: Revolving Credit Agreement (Waste Connections Inc/De)
Events of Default and Acceleration. If any of the following ---------------------------------- events ("Events of Default" or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or lapse of time, "Defaults") shall occur:
(a) the Borrower shall fail to pay any principal of the Loans or any Reimbursement Obligation when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment;
(b) the Borrower or any of its Subsidiaries shall fail to pay any interest on the Loans, the commitment fee, any Letter of Credit Fee or the Agent's fee, when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment or shall fail to pay any other sums due hereunder or under any of the other Loan Documents within five (5) days of when the same shall become due and payable;
(c) the Borrower shall fail to comply with any of its covenants contained in (S)9 (other than the covenants contained in (S)9.2, (S)9.4, the second sentence of (S)9.6, (S)9.8, (S)9.11 and (S)
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P)
Events of Default and Acceleration. If any of the following events ("Events of Default" or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or lapse of time, "Defaults") shall occur:
(a) the Borrower shall fail to pay any principal of the Loans or any Reimbursement Obligation when after the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment;
(b) the Borrower or any of its Subsidiaries shall fail to pay any interest on the Loans, or any other fees or sums due hereunder or under any of the commitment feeother Loan Documents, any Letter of Credit Fee or the Agent's fee, when within ten (10) days after the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment or shall fail to pay any other sums due hereunder or under any of the other Loan Documents within five (5) days of when the same shall become due and payablepayment;
(c) the Borrower or the Guarantor shall fail to comply with any covenant contained in Section 9, and such failure shall continue for thirty (30) days after written notice thereof shall have been given to the Borrower by the Agent;
(d) the Borrower or the Guarantor or any of its covenants Subsidiaries shall fail to perform any other material term, covenant or agreement contained herein or in (S)9 any of the other Loan Documents (other than the covenants contained those specified above in (S)9.2this Section 12), (S)9.4, the second sentence of (S)9.6, (S)9.8, (S)9.11 and (S)such failure shall continue for thirty
Appears in 1 contract
Samples: Unsecured Term Loan Agreement (Ramco Gershenson Properties Trust)
Events of Default and Acceleration. If any Each of the following events ("Events of Default" or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or lapse of time, "Defaults"“EVENTS OF DEFAULT”) shall occurconstitute an Event of Default hereunder:
(a) any of the Borrower Borrowers or any of their Subsidiaries shall fail to pay any principal of the Loans or any Reimbursement Obligation when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment;
(b) any of the Borrower Borrowers or any of its their Subsidiaries shall fail to pay any interest on the Loans, any Fees, or other sums due hereunder or under any of the commitment fee, any Letter of Credit Fee or the Agent's feeother Loan Documents, when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment or shall fail to pay any other sums due hereunder or under any of the other Loan Documents within five (5) days of when the same shall become due and payablepayment;
(c) any of the Borrower Borrowers or any of their Subsidiaries shall fail to promptly, punctually, faithfully and timely comply with any of its their covenants contained or liabilities not otherwise described in (S)9 (other than Section 13.1(a) or 13.1(b) or 13.1(r), and included in any of the covenants contained in (S)9.2, (S)9.4, the second sentence following provisions: 8.2 Notice of (S)9.6, (S)9.8, (S)9.11 and (S)Change of Organization/Maintenance of Office 8.5 Notices 8.6 Legal Existence; Maintenance of Properties
Appears in 1 contract
Events of Default and Acceleration. If any of the following events ("Events of Default" or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or and/or lapse of time, "Defaults") shall occur:
(a) if the Borrower Borrowers shall fail to pay any principal of the Loans or any Reimbursement Obligation when the same shall become due and payable, whether at the stated date of maturity Maturity Date or any accelerated date of maturity or at any other date fixed for payment;
(b) if the Borrower or any of its Subsidiaries Borrowers shall fail to pay any interest on the Loans, the commitment fee, any Letter of Credit Fee or the Agent's fee, when fees or other amounts owing hereunder within five (5) Business Days after the same shall become due and payable, payable whether at the stated date of maturity Maturity Date or any accelerated date of maturity or at any other date fixed for payment or payment;
(c) if the Borrowers shall fail to pay comply with the covenants contained inss.ss.6, 7 or 8 hereof;
(d) if the Borrowers shall fail to perform any other sums due hereunder term, covenant or under agreement contained herein or in any of the other Loan Documents within five (5) days of when the same shall become due other than those specified in subsections (a), (b), and payable;
(c) above) within 30 days after written notice of such failure has been given to the Borrower shall fail to comply with any of its covenants contained in (S)9 (other than Borrowers by the covenants contained in (S)9.2, (S)9.4, the second sentence of (S)9.6, (S)9.8, (S)9.11 and (S)Banks;
Appears in 1 contract
Events of Default and Acceleration. If any of the following events ("Events of Default" or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or and/or lapse of time, "Defaults") shall occur:
(a) if the Borrower Borrowers shall fail to pay any principal of the Loans or any Reimbursement Obligation when the same shall become due and payable, whether at the stated date of maturity Revolving Credit Maturity Date, the Term Loan Maturity Date or any accelerated date of maturity or at any other date fixed for payment;
(b) if the Borrower or any of its Subsidiaries Borrowers shall fail to pay any interest on the Loans, the commitment fee, any Letter of Credit Fee or the Agent's fee, when fees or other amounts owing hereunder within five (5) Business Days after the same shall become due and payable, payable whether at the stated date of maturity Revolving Credit Maturity Date, the Term Loan Maturity Date or any accelerated date of maturity or at any other date fixed for payment or payment;
(c) if the Borrowers shall fail to pay comply with the covenants contained in Sections 7 (other than Sections 7.6, 7.14 and 7.16), 8 or 9 hereof;
(d) if the Borrowers shall fail to perform any other sums due hereunder term, covenant or under agreement contained herein or in any of the other Loan Documents within five (5) days of when the same shall become due other than those specified in subsections (a), (b), and payable;
(c) above) within 30 days after written notice of such failure has been given to the Borrower shall fail to comply with any of its covenants contained in (S)9 (other than Borrowers by the covenants contained in (S)9.2, (S)9.4, the second sentence of (S)9.6, (S)9.8, (S)9.11 and (S)Banks;
Appears in 1 contract
Events of Default and Acceleration. If any Any of the following events ("Events shall constitute an “Event of Default" ” or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or lapse of time, "Defaults") shall occura “Default”:
(a) the any Borrower shall fail to pay any principal of the its Loans or any Borrower shall fail to pay any Reimbursement Obligation when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment;
(b) the any Borrower or any of its Subsidiaries shall fail to pay (i) any interest on the its Loans, the commitment feeany Commitment Fee, any Letter of Credit Fee, or any fees due under the Fee or the Agent's feeLetter, when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment payment, and such failure shall continue for three (3) days; or shall fail to pay (ii) any other sums due hereunder or under any of the other Loan Documents within five (5) days of Documents, when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment, and such failure shall continue for thirty (30) days;
(c) any of the Borrower Borrowers or any of their Restricted Subsidiaries shall fail to comply with any of its covenants contained in (S)9 (other than the covenants contained in (S)9.2§§9.1, (S)9.49.5.1, the second first sentence of (S)9.6§9.6, (S)9.89.12, (S)9.11 and (S)9.14, 10 or 11;
Appears in 1 contract
Events of Default and Acceleration. If any of the following events ("Events of Default" or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or lapse of time, "Defaults") shall occur:
(a) the Borrower shall fail to pay any principal of the Loans or any Reimbursement Obligation when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for paymentpayment thereof;
(b) the Borrower or any of its Subsidiaries shall fail to pay any interest on the Loans, the commitment feeCommitment Fee, any Letter of Credit Fee or Fee, the Agent's fee, or other sums due hereunder or under any of the other Loan Documents, when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment or shall fail to pay any other sums due hereunder or under any of the other Loan Documents within five (5) days of when the same shall become due and payablethereof;
(c) the Borrower shall fail to comply with any of its covenants contained in Sections 8.1, 8.4, 8.5, the first sentence of 8.6, 8.7, 8.8, 8.10, 8.12, 9 or 10;
(S)9 d) the Borrower or any of its Subsidiaries shall fail to perform any term, covenant or agreement contained herein or in any of the other Loan Documents (other than those specified elsewhere in this Section 13.1) for fifteen (15) days after written notice of such failure has been given to the covenants contained in (S)9.2, (S)9.4, Borrower by the second sentence of (S)9.6, (S)9.8, (S)9.11 and (S)Agent or any Bank;
Appears in 1 contract
Events of Default and Acceleration. If any of the following ---------------------------------- events ("Events of Default" or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or lapse of time, "Defaults") shall occurhave occurred and be continuing:
(a) any of the Borrower Borrowers or any of their applicable Subsidiaries shall fail to pay any principal of the Loans Loans, any Reimbursement Obligation or any Foreign Reimbursement Obligation when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for paymentpayment or otherwise;
(b) any of the Borrower Borrowers or any of its their applicable Subsidiaries shall fail to pay any interest on the Loans, the commitment feeCommitment Fees, any Letter of Credit Fee or Fee, any Foreign Letter of Credit Fee, the Agent's feeFee, when the Fronting Fees, or other sums due hereunder or under any of the other Loan Documents within three (3) Business Days after the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment or shall fail to pay any other sums due hereunder or under any of the other Loan Documents within five (5) days of when the same shall become due and payableotherwise;
(c) the Borrower Borrowers shall fail to comply with any of its covenants contained in (S)9 (other than the covenants contained in (S)9.2S)(S)9.2, (S)9.49.3, 9.4(j), 9.5.1, 9.5.3-9.5.6, 9.5.10, 9.5.11, the second first sentence of (S)9.69.6, (S)9.89.7, (S)9.11 and (S)9.9-9.29, 10, 11, or 20.
Appears in 1 contract
Samples: Multicurrency Revolving Credit and Term Loan Agreement (Samsonite Holdings Inc)