Common use of Failure to Make Payments When Due Clause in Contracts

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; or

Appears in 16 contracts

Samples: Credit Agreement (Physicians Realty Trust), Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.)

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Failure to Make Payments When Due. Failure by any Credit Loan Party to pay (i) the any installment of principal of any Loan when due, whether at stated maturity, by acceleration acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) any interest on any Loan within one five (15) Business Day of when due any amount payable to Days after the Issuing Bank in reimbursement of any drawing under a Letter of Creditdate due; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunderhereunder within ten (10) Business Days after the date due; or

Appears in 10 contracts

Samples: First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the any Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; or

Appears in 7 contracts

Samples: Credit Agreement (FutureFuel Corp.), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (FutureFuel Corp.)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the when due any principal of any Loan when dueLoan, whether at stated maturity, by acceleration acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee fee, expenses or any other amount due hereunderhereunder or under any other Credit Document within five (5) Business Days after the date due; or

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the any Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; oror (b)

Appears in 3 contracts

Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; , in either case when due, whether at stated maturity, by acceleration or otherwise or (iiiii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; or

Appears in 3 contracts

Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the any principal of any Loan when due, whether at stated maturity, by acceleration acceleration, by mandatory prepayment, by demand pursuant to Section 7 or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunderunder this Agreement within five (5) Business Days after the date due; or

Appears in 2 contracts

Samples: Credit Agreement (Hospira Inc), Credit Agreement (Hospira Inc)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; , in either case when due, whether at stated maturity, by acceleration or otherwise or (iiiii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; oror (b)

Appears in 2 contracts

Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)

Failure to Make Payments When Due. Failure by any Credit Party to pay pay: (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; ; (ii) within one (1) Business Day of when due due, any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or or (iii) within three five (35) Business Days of when due due, any interest on any Loan or any fee or any other amount due hereunder; or;

Appears in 2 contracts

Samples: Credit Agreement (Heritage Insurance Holdings, Inc.), Credit Agreement (Heritage Insurance Holdings, Inc.)

Failure to Make Payments When Due. Failure by any Credit Party or any Owner Pledgor to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; or (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; or

Appears in 2 contracts

Samples: Credit Agreement (MSP Recovery, Inc.), Credit Agreement (MSP Recovery, Inc.)

Failure to Make Payments When Due. Failure by Borrower or any other Credit Party to pay (i) the when due any installment of principal of any Loan when dueLoan, whether at stated maturityStated Maturity, by acceleration acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit, Bank Guarantee or any Cash Collateralization required pursuant to Section 2.22(d); or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunderhereunder within three Business Days after the date due; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Nord Anglia Education, Inc.), Credit and Guaranty Agreement (Nord Anglia Education, Inc.)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee Commitment Fees or other monetary Obligations due under any other amount due hereunderCredit Document within five (5) Business Days of when due; or

Appears in 2 contracts

Samples: Credit Agreement (Hibbett Inc), Credit Agreement (Hibbett Inc)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan when due, due whether at stated maturity, by acceleration or otherwise; (ii) within one (1) two Business Day Days of when due any amount payable to the Issuing Bank in reimbursement of for any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; or

Appears in 2 contracts

Samples: Credit Agreement (Pfsweb Inc), Credit Agreement (Pfsweb Inc)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the when due any principal of any Loan when dueLoan, whether at stated maturity, by acceleration acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee fee, expenses or any other amount due hereunder, under the DIP Order or under any other Credit Document within two Business Days after the date due; or

Appears in 2 contracts

Samples: Debt and Guaranty Agreement (2U, Inc.), Restructuring Support Agreement (2U, Inc.)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration acceleration, by notice of voluntary prepayment or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunderhereunder within five days after the date due; or

Appears in 2 contracts

Samples: Credit Agreement (Northstar Realty Finance Corp.), Credit and Guaranty Agreement (Northstar Realty Finance Corp.)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of and premium, if any, on any Loan when dueLoan, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement installment of principal of any drawing under a Letter Loan, by notice of Creditvoluntary prepayment, by mandatory prepayment or otherwise; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee hereunder within 3 Business Days after the date when due; or (iv) any other amount due hereunder; orhereunder within 5 Business Days after the date when due.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\), Credit and Guaranty Agreement (Landec Corp \Ca\)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; oror (b)

Appears in 2 contracts

Samples: Credit Agreement (Physicians Realty L.P.), Credit Agreement (Physicians Realty Trust)

Failure to Make Payments When Due. Failure by any Credit Party Borrower to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the any Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; or

Appears in 1 contract

Samples: Credit Agreement (Heckmann CORP)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan or interest on any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; or

Appears in 1 contract

Samples: Credit Agreement (Viemed Healthcare, Inc.)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; , in either case when due, whether at stated maturity, by acceleration or otherwise, (iiiii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunderhereunder (other than amounts due under Section 11.2(a)) or (iii) within ten Business Days of Borrower’s receipt of an invoice for amounts due under Section 11.2(a); or

Appears in 1 contract

Samples: Credit Agreement (Ebix Inc)

Failure to Make Payments When Due. Failure by any Credit Loan Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank Lender in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; oror CHAR1\0000000x0

Appears in 1 contract

Samples: Credit Agreement (Neogenomics Inc)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal principal(a) of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; , in either case when due, whether at stated maturity, by acceleration or otherwise or (iiiii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; oror Default in Other Agreements.

Appears in 1 contract

Samples: Credit Agreement (Ebix Inc)

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Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; or (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; or

Appears in 1 contract

Samples: Debt Agreement (International Shipholding Corp)

Failure to Make Payments When Due. Failure by Borrower or any other Credit Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement installment of principal of any drawing under a Letter Loan, by notice of Creditvoluntary prepayment, by mandatory prepayment or otherwise; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunderhereunder and, in the case of this subclause (iii), such default shall continue unremedied for a period of three Business Days; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Aurora Diagnostics Holdings LLC)

Failure to Make Payments When Due. Failure by any Credit Loan Party to pay (i) the when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration acceleration, by mandatory prepayment or otherwise; or (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due after the date due, any interest on any Loan or any fee or any other amount due hereunder; or

Appears in 1 contract

Samples: Credit Agreement (Tiptree Inc.)

Failure to Make Payments When Due. Failure by any Credit Loan Party to pay (i) the when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) within one (1) Business Day of when due any amount payable to the an Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunderhereunder within three (3) days after the date due; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (1847 Goedeker Inc.)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the the(a) principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; or115

Appears in 1 contract

Samples: Credit Agreement (Physicians Realty Trust)

Failure to Make Payments When Due. (i) Failure by any Credit Party to pay (i) the any amount of principal of due hereunder or under any Loan when due, whether at stated maturity, by acceleration or otherwiseCredit Document; or (ii) within one (1) Business Day of when due Failure by any Credit Party to pay any amount payable to the Issuing Bank of interest, any fee or other amount due hereunder or under any Credit Document, in reimbursement of any drawing under a Letter of Credit; or each case within five (iii) within three (35) Business Days of when due any interest on any Loan or any fee or any other amount due hereunderdue; or

Appears in 1 contract

Samples: Credit Agreement (Citizens, Inc.)

Failure to Make Payments When Due. Failure by any Credit Party to pay pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; or (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; or

Appears in 1 contract

Samples: Credit Agreement

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of and premium, if any, on any Loan when dueLoan, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement installment of principal of any drawing under a Letter Loan, by notice of Creditvoluntary prepayment, by mandatory prepayment or otherwise; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee hereunder within 3 Business Days after the date when due; or (iv) any other amount due hereunder; orhereunder within 5 Business Days after the date when due. (b)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the any installment of principal of any Revolving Loan when due, whether at stated maturity, by acceleration acceleration, by notice of voluntary prepayment, by mandatory prepayment, by demand pursuant to Section 7 or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Revolving Loan or any fee or any other amount due hereunderunder this Agreement within five (5) days after the date due; or

Appears in 1 contract

Samples: Credit Agreement (Hospira Inc)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the any principal of any Loan when due, whether at stated maturity, by acceleration acceleration, by mandatory prepayment, by demand pursuant to Section 7 or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest on any Loan or any fee or any other amount due hereunderunder this Agreement, including the delivery of cash collateral for Letters of Credit that expire on or after the Maturity Date, within five (5) Business Days after the date due; or

Appears in 1 contract

Samples: Credit Agreement (Hospira Inc)

Failure to Make Payments When Due. (i) Failure by any Credit Party to pay (i) the any amount of principal of due hereunder or under any Loan when due, whether at stated maturity, by acceleration Credit Document; or otherwise; (ii) within one (1) Business Day of when due Failure by any Credit Party to pay any amount payable to the Issuing Bank of interest, any fee or other amount due hereunder or under any Credit Document, in reimbursement of any drawing under a Letter of Credit; or each case within five (iii) within three (35) Business Days of when due any interest on any Loan due; or any fee or any other amount due hereunder; or60 LEGAL02/44107030v1 (b)

Appears in 1 contract

Samples: Credit Agreement (Citizens, Inc.)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three (3) Business Days of when due any interest or premium on any Loan or any fee hereunder; or (iii) when due any other amount due hereunderhereunder and such failure continues unremedied for a period of three (3) Business Days; or

Appears in 1 contract

Samples: Superpriority Senior Secured Debtor in Possession Credit and Guaranty Agreement (J C Penney Co Inc)

Failure to Make Payments When Due. Failure by any Credit Party to pay (i) the principal of any Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) within one (1) Business Day of when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) within three five (35) Business Days of when due any interest on any Loan or any fee or any other amount due hereunder; or

Appears in 1 contract

Samples: Credit Agreement (Hibbett Inc)

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