Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 34 contracts
Samples: Credit Agreement (First Watch Restaurant Group, Inc.), Term Loan Agreement (Daseke, Inc.), Credit Agreement (CCC Intelligent Solutions Holdings Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 21 contracts
Samples: Credit Agreement (Skilled Healthcare Group, Inc.), Intercreditor Agreement (SafeNet Holding Corp), Credit Agreement (Skilled Healthcare Group, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days three days after the date due; or
Appears in 18 contracts
Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 13 contracts
Samples: Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.), Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.), Term Loan Credit Agreement (Claros Mortgage Trust, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 12 contracts
Samples: Joinder and Second Amendment Agreement (Ocwen Financial Corp), Credit Agreement (Altisource Portfolio Solutions S.A.), Intercreditor Agreement (Fairmount Santrol Holdings Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 10 contracts
Samples: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 9 contracts
Samples: Loan and Security Agreement (Topgolf Callaway Brands Corp.), Credit Agreement (Certara, Inc.), Credit Agreement (SB/RH Holdings, LLC)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 9 contracts
Samples: Credit and Guaranty Agreement (Telvent Git S A), Credit and Guaranty Agreement (American Reprographics CO), Credit and Guaranty Agreement (American Reprographics CO)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 8 contracts
Samples: Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Kraton Polymers LLC)
Failure to Make Payments When Due. Failure by the Lead Borrower to pay (i) any installment of principal of any Revolving Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Revolving Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 8 contracts
Samples: Fourth Amendment Agreement (Ecovyst Inc.), Patent Security Agreement (PQ Group Holdings Inc.), Security Agreement (Hayward Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing honored or (ii) payment made under a Letter of Credit; or failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 7 contracts
Samples: Credit Agreement (Aurora Foods Inc), Credit Agreement (DMW Worldwide Inc), Security Agreement (MBW Foods Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or Loan, any fee or any other non-principal amount due hereunder within five Business Days after the date due; or.
Appears in 7 contracts
Samples: Security Agreement (Isos Acquisition Corp.), Fourth Amendment (Isos Acquisition Corp.), First Lien Credit Agreement (Isos Acquisition Corp.)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 7 contracts
Samples: Abl Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (Gramercy Property Trust Inc.), Credit and Guaranty Agreement (Gramercy Property Trust Inc.), Credit and Guaranty Agreement (Bz Intermediate Holdings LLC)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of when due the principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or;
Appears in 6 contracts
Samples: Credit Agreement, Credit Agreement (Facebook Inc), Credit Agreement (Facebook Inc)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days three days after the date due; or
Appears in 6 contracts
Samples: Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.), Intercreditor Agreement (RadNet, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 6 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement (Hypercom Corp)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) to pay, when due, any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) to pay, within five Business Days after the date due, any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; orhereunder;
Appears in 6 contracts
Samples: 364 Day Bridge Credit and Guaranty Agreement (Entegris Inc), Term Credit and Guaranty Agreement (QualTek Services Inc.), Credit Agreement (Navistar International Corp)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or failure to pay any other amount due hereunder under this Agreement (including, without limitation, the fees described in Section 2.11 hereof) or to pay interest on any Loan, in either case within five three Business Days after the date when due; or.
Appears in 5 contracts
Samples: Joinder Agreement (McGraw-Hill Companies Inc), Day Credit Agreement (McGraw-Hill Companies Inc), Credit Agreement (McGraw-Hill Companies Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date duereceiving notice from Administrative Agent of such failure to pay; or
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder or under any other Loan Document within five Business Days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals PLC)
Failure to Make Payments When Due. Failure by the a Borrower to pay (i) any installment of principal of any Loan or any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) any interest on any Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Concrete Pumping Holdings, Inc.), Credit Agreement (Concrete Pumping Holdings, Inc.), Credit Agreement (Concrete Pumping Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) when due any amount payable to the applicable Issuing Bank in reimbursement of any drawing under a Letter of Credit (including any requirement to deposit cash collateral in connection therewith); or (iii) any interest on any Loan or any fee or any other amount due hereunder or under any other Credit Document within five (5) Business Days after the date due; or
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Ruths Hospitality Group, Inc.), Credit Agreement (Ruths Chris Steak House, Inc.), Credit Agreement (Ruths Chris Steak House, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due, any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due, any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within when due and payable and such default continues for five (5) Business Days after the date dueDays; or
Appears in 5 contracts
Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)
Failure to Make Payments When Due. Failure by the Top Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 5 contracts
Samples: First Lien Credit Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days three days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Sealy Corp)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or;
Appears in 5 contracts
Samples: Credit Agreement (Cano Health, Inc.), Credit Agreement (Cano Health, Inc.), Credit Agreement (Cano Health, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Ameriprise Financial Inc), Credit Agreement (Ameriprise Financial Inc), Credit Agreement (Ameriprise Financial Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any premium, any fee or any other amount due hereunder within five three Business Days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Victory Capital Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five three Business Days after the date due; or
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Valeant Pharmaceuticals International)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Borrower to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc), Credit Agreement (Isle of Capri Casinos Inc)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment Installment or payment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to the L/C Issuer in reimbursement of any drawing under a Letter of Credit or any Cash Collateralization required pursuant to Section 2.18; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (CVR Energy Inc), Term Loan and Guaranty Agreement (Autocam Corp/Mi), Pledge and Security Agreement (American Reprographics CO)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) any installment of principal of any Revolving Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Revolving Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 4 contracts
Samples: Abl Credit Agreement (Hayward Holdings, Inc.), Credit Agreement (Hayward Holdings, Inc.), Credit Agreement (Hayward Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure to make reimbursement with respect to any Letter of Credit when due; or (ii) failure to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 4 contracts
Samples: Secured Credit Agreement (Oi Levis Park STS Inc), Secured Credit Agreement (Owens Illinois Inc /De/), Credit Agreement (Owens Illinois Group Inc)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 4 contracts
Samples: Pledge and Security Agreement (Fairmount Santrol Holdings Inc.), Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) Failure to pay any installment of principal of any Term Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure to pay any interest on any Term Loan or any fee or any other amount (other than an amount referred to in clause (i) above) due hereunder under this Agreement or any other Loan Document within five three (3) Business Days after the date duedue therefor; or
Appears in 4 contracts
Samples: Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Real Mex Restaurants, Inc.)
Failure to Make Payments When Due. Failure by the Parent Borrower to pay (i) the principal of and premium, if any, on any Term Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepaymentTerm Loan, by mandatory prepayment or otherwise; or (iiiii) when due any interest on any Term Loan or any fee or any other amount due hereunder within five and such failure continues for a period of three (3) Business Days after the date due; orDays;
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (AMC Networks Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Orion S.A.), Credit Agreement (Kleopatra Holdings 2 S.C.A.), Credit Agreement (Orion Engineered Carbons S.A.)
Failure to Make Payments When Due. Failure by the Borrower Loan Parties to pay (i) any installment of the principal of any Loan when due, due (whether at stated maturity, by acceleration, or otherwise), (ii) when due any installment of principal of any Loan, by notice of voluntary prepayment, by mandatory prepayment prepayment, or otherwise; or , (iiiii) within three (3) Business Days after the date when due, any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; hereunder, or
Appears in 3 contracts
Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.), Credit Agreement (Franchise Group, Inc.)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) any installment of principal of any Loan when due, and in the currency required hereunder, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by any Borrower to pay when due any amount payable to the Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by any Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days three (3) days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment Installment or payment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit or any Cash Collateralization required pursuant to Section 2.22(d); or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Gen Probe Inc)
Failure to Make Payments When Due. Failure by the a Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or Loan, any fee or any other non-principal amount due hereunder within five Business Days after the date due; or.
Appears in 3 contracts
Samples: Lease I Agreement (Bowlero Corp.), Lease I Agreement (Bowlero Corp.), Lease I Agreement (Bowlero Corp.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) to pay, when due, any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) to pay, within three (3) Business Days after the date due, any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; oror under any other Credit Document;
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (GWG Holdings, Inc.), And Guaranty Agreement (GWG Holdings, Inc.), And Guaranty Agreement (GWG Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Korn Ferry International), Credit Agreement (Korn Ferry International), Credit Agreement (Manufacturers Services LTD)
Failure to Make Payments When Due. (a) Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (iib) failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (United Online Inc), Credit Agreement (United Online Inc), Security Agreement (United Online Inc)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) any installment of principal of or interest on any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by any Borrower to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by any interest on any Loan or Borrower to pay any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Horticulture Inc), Credit Agreement (Hines Holdings Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Hillman Solutions Corp.), First Lien Credit Agreement (Hayward Holdings, Inc.), First Lien Credit Agreement (Hayward Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (Aeroflex Inc)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (IntraLinks Holdings, Inc.), Credit Agreement (IntraLinks Holdings, Inc.), Credit Agreement (Maidenform Brands, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) to pay, when due, any installment of principal of any Loan when dueTerm Loan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) any interest on any Loan or any fee or any other amount due hereunder to pay, within five three Business Days after the date due; or, any interest on any Term Loan or any fee, any premium or any other amount due hereunder;
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Alon USA Energy, Inc.), Credit and Guaranty Agreement (Alon USA Energy, Inc.), Counterpart Agreement (Alon USA Partners, LP)
Failure to Make Payments When Due. Failure by the Borrower Loan Parties to pay (i) any installment of the principal of any Loan when due, due (whether at stated maturity, by acceleration, or otherwise), (ii) when due any installment of principal of any Loan, by notice of voluntary prepayment, by mandatory prepayment prepayment, or otherwise; or , (iiiii) within three (3) Business Days after the date when due, any interest on any Loan or any fee (including the Exit Fee) or any other amount due hereunder within five Business Days after the date due; hereunder, or
Appears in 3 contracts
Samples: Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.), Credit Agreement (Franchise Group, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) any installment of principal of on any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Borrowers to pay when due any amount payable to an Issuing Lender in reimbursement of any drawings; or (ii) failure by Borrowers to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Grand Canal Shops Mall Construction LLC), Credit Agreement (Las Vegas Sands Inc)
Failure to Make Payments When Due. Failure by the a Borrower to pay (i) the principal of and premium, if any, on any Term Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Loan when due, whether at stated maturity, by accelerationTerm Loan, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (iiiii) within three (3) Business Days when due any interest on any Term Loan or any fee or any other amount due hereunder within five Business Days after the date duehereunder; or
Appears in 3 contracts
Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (PSAV, Inc.), Assignment and Assumption (PSAV, Inc.), Assignment and Assumption (Interline Brands, Inc./De)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any Letter of Credit Disbursement; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days three days after the date due; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Berry Plastics Corp), Credit and Guaranty Agreement (BPC Holding Corp), Credit and Guaranty Agreement (BPC Holding Corp)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (New GGP, Inc.)
Failure to Make Payments When Due. Failure by the Lead Borrower to pay (i) any installment of principal of any Revolving Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Revolving Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Hillman Solutions Corp.), Credit Agreement (Hillman Solutions Corp.), Assignment and Assumption Agreement (Hillman Solutions Corp.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) any amount payable to Issuing Lender in reimbursement of any drawing under a Letter of Credit, any interest on any Loan Loan, or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure by Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Term Credit Agreement (Safeway Inc), Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc)
Failure to Make Payments When Due. (i) Failure by the any Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure by the Company to pay when due any L/C Obligations; or (iii) failure by any Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (FTD Companies, Inc.), Credit Agreement (FTD Companies, Inc.), Credit Agreement (United Online Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Borrower to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five three Business Days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Lodgenet Entertainment Corp), Credit Agreement (Central Garden & Pet Company), Credit Agreement (Integrated Defense Technologies Inc)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuer in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the two (2) days of its due date, or if no due date dueis specified, within two (2) days of demand thereof; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Euramax Holdings, Inc.), General Intercreditor Agreement (Euramax International, Inc.), Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; due; or
Appears in 3 contracts
Samples: Credit Agreement (SB/RH Holdings, LLC), Credit Agreement (SB/RH Holdings, LLC), Credit Agreement (SB/RH Holdings, LLC)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueor Reimbursement Obligation, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or Reimbursement Obligation or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) any installment of principal of on any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure by the Borrowers to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Construction Loan Agreement (Las Vegas Sands Inc), Construction Loan Agreement (Las Vegas Sands Corp), Credit Agreement (Las Vegas Sands Corp)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) within five Business Days after the date due, any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date duehereunder; or
Appears in 3 contracts
Samples: First Lien Credit Agreement (Ranpak Holdings Corp.), First Lien Credit Agreement (Ranpak Holdings Corp.), First Lien Credit Agreement (Ranpak Holdings Corp.)
Failure to Make Payments When Due. (a) Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment (except as provided in Section 2.4(b)(iii)(F) with respect to an incorrect calculation of mandatory prepayment amounts) or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Borrower to pay when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Security Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc)
Failure to Make Payments When Due. Failure by the Borrower Companies to pay (i) when due the principal of and premium, if any, on any Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Loan when due, whether at stated maturity, by accelerationLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (iiiii) within one Business Day of when due any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; oror under any other Credit Document.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days three days after the date due; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Tronox Inc), Credit and Guaranty Agreement (Keystone Automotive Operations Inc), Credit and Guaranty Agreement (Tronox Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal or interest of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 3 contracts
Samples: Secured Credit Agreement (Talkpoint Communications Inc), Senior Credit Agreement (Prospect Street Nyc Discovery Fund Lp), Senior Credit Agreement (Skyline Multimedia Entertainment Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of the principal of and premium (including the Applicable Prepayment Premium) on any Loan when due, whether at stated maturity, by acceleration, or otherwise, (ii) when due any installment of principal of any Loan, by notice of voluntary prepayment, by mandatory prepayment prepayment, or otherwise; or , (iiiii) within three (3) Business Days after the date when due, any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; hereunder, or
Appears in 3 contracts
Samples: Credit Agreement (Orbital Energy Group, Inc.), Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or;
Appears in 3 contracts
Samples: First Lien Credit Agreement (Post Holdings, Inc.), Intercreditor Agreement (Post Holdings, Inc.), Intercreditor Agreement (Post Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due, any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) any interest on any Loan or any fee or any other amount due hereunder hereunder, within five Business Days days after the date due; or
Appears in 2 contracts
Samples: Credit Agreement (T-Mobile US, Inc.), Guarantee and Collateral Agreement (T-Mobile US, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days (5) days after the date due; or
Appears in 2 contracts
Samples: Term Loan Agreement (Hospira Inc), Bridge Loan Agreement (Hospira Inc)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan or any prepayment fee under subsection 2.4B(i)(b) or 2.4B(ii)(c) when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder within five Business Days 30 days after the date due; or
Appears in 2 contracts
Samples: Credit Agreement (Clark Refining & Marketing Inc), Credit Agreement (Clark Refining & Marketing Inc)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days three days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Ambassadors International Inc), Credit and Guaranty Agreement (Ambassadors International Inc)
Failure to Make Payments When Due. Failure by of the Borrower to pay (i) make any installment payment or prepayment of principal of any Loan when duedue hereunder, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment acceleration or otherwise; or (ii) failure of the Borrower to pay any interest on any interest, fees or other amounts due under this Loan or any fee or any other amount due hereunder Agreement within five Business Days (5) days after the date duewhen due hereunder; or
Appears in 2 contracts
Samples: Loan Agreement (Genesco Inc), And Modified Loan Agreement (Genesco Inc)
Failure to Make Payments When Due. Failure by the a Borrower to pay (i) the principal of and premium, if any, on any Term Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Loan when due, whether at stated maturity, by accelerationTerm Loan, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (iiiii) within [***] when due any interest on any Term Loan or any fee or any other amount due hereunder within five Business Days after the date duehereunder; or
Appears in 2 contracts
Samples: Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (BridgeBio Pharma, Inc.)
Failure to Make Payments When Due. Failure by of the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by the Borrower to pay when due any amount payable to any L/C Issuer in reimbursement of any drawing under a Letter of Credit; or (ii) failure by the Borrower to pay any interest on any Loan or any fee or any other amount due hereunder Obligation within five three Business Days after the date due; or
Appears in 2 contracts
Samples: Credit Agreement (Mosaic Co), Credit Agreement (Mosaic Co)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder hereunder, unless such failure is caused by an administrative or technical error and payment is made within five Business Days after the date dueof its due date; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Solera Holdings, Inc), Credit and Guaranty Agreement (Solera Holdings LLC)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) when due any installment of principal of any Loan when dueor any Reimbursement Obligation, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 2 contracts
Samples: Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , (ii) when due any amount payable to any Issuing Bank in reimbursement of any drawing under a Letter of Credit or (iiiii) any interest on any Loan or Loan, any fee or any other non-principal amount due hereunder within five Business Days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Bausch Health Companies Inc.), Restatement Agreement (Valeant Pharmaceuticals International, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 2 contracts
Samples: Second Lien Credit and Guaranty Agreement (Movie Gallery Inc), Credit and Guaranty Agreement (Movie Gallery Inc)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee fee, expense reimbursement or any other amount due hereunder within five Business Days days after the date due; or
Appears in 2 contracts
Samples: Security Agreement (X Rite Inc), First Lien Credit and Guaranty Agreement (X Rite Inc)
Failure to Make Payments When Due. Failure The failure by the any Borrower to pay when due (i) the principal of and premium, if any, on any Loan whether at the Termination Date or, when due, any installment of principal of any Loan when due, whether at stated maturity, by accelerationLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan when due; or (iii) any fee fees or any other amount amounts due hereunder within five Business Days after the date due; orhereunder;
Appears in 2 contracts
Samples: Dip Credit Agreement (Hospitality Investors Trust, Inc.), Restructuring Support Agreement (Hospitality Investors Trust, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days three days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (SolarWinds, Inc.), Credit and Guaranty Agreement (SolarWinds, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit or Hedge Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/), Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Amscan Holdings Inc), Credit and Guaranty Agreement (Nextlink Communications Inc /De/)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to the Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 2 contracts
Samples: Credit Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure by Borrower to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; failure by Borrower to pay any interest on any Loan when due; or failure by Borrower to pay any fee or any other amount due hereunder under this Agreement within five Business Days ten days after the date due; or
Appears in 2 contracts
Samples: Credit Agreement (Winsloew Furniture Inc), Credit Agreement (Winsloew Furniture Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) when due any amount payable to the applicable Issuing Bank in reimbursement of any drawing under a Letter of Credit (including any requirement to deposit Cash Collateral in connection therewith); or (iii) any interest on any Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Artivion, Inc.), Credit and Guaranty Agreement (Cryolife Inc)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or (iii) any other amount due hereunder within 30 days after the due date; or
Appears in 2 contracts
Samples: Term Loan Agreement (Allscripts Healthcare Solutions, Inc.), Credit Agreement (Allscripts Healthcare Solutions, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) any interest on any Loan or any fee or any other amount due hereunder hereunder; provided that, with respect to both clauses (i) and (ii), such amount may be paid within five three Business Days after the date duedue without giving rise to an Event of Default if nonpayment was due solely to an administrative or technical error; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (3com Corp), Credit and Guaranty Agreement (3com Corp)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) any installment of principal of on any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by the Borrowers to pay when due any amount payable to an Issuing Lender in reimbursement of any drawings; or (ii) failure by the Borrowers to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 2 contracts
Samples: Credit Agreement (Las Vegas Sands Corp), Credit Agreement (Las Vegas Sands Corp)
