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

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Note, by notice of voluntary prepayment, by mandatory prepayment or otherwise or (iii) when due any interest on any Note or any fee or any other amount due hereunder within three (3) days after the date due; or

Appears in 5 contracts

Samples: Master Note Purchase Agreement (Ontrak, Inc.), Master Note Purchase Agreement (Ontrak, Inc.), Master Note Purchase Agreement (Ontrak, Inc.)

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Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note when due whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Note, by notice of voluntary prepayment, by mandatory prepayment or otherwise when due or (iii) when due any interest on any Note or any fee or any other amount due hereunder hereunder, in each case, within three one (31) days Business Day after the date due; ordue when due hereunder.

Appears in 3 contracts

Samples: Note Purchase Agreement (Capstone Green Energy Corp), Note Purchase Agreement (CAPSTONE TURBINE Corp), Note Purchase Agreement (CAPSTONE TURBINE Corp)

Failure to Make Payments When Due. Failure by Company Companies to pay (i) when due the principal of and premium, if any, on any Note Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any NoteLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iii) within one Business Day of when due any interest on any Note Loan or any fee or any other amount due hereunder within three (3) 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 Company to pay (i) the any installment of principal of and premium, if any, or interest on any Note Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Noteacceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; (ii) when due any amount payable to Administrative Agent in reimbursement of any drawing under a Letter of Credit; or (iii) when due any interest on any Note Loan or any fee or any other amount due hereunder under this Agreement within three (3) five days after the date due; or

Appears in 2 contracts

Samples: Credit Agreement (Players International Inc /Nv/), Credit Agreement (Players International Inc /Nv/)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note Term Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any NoteTerm Loan, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iii) within three (3) Business Days when due any interest on any Note Term Loan or any fee or any other amount due hereunder within three (3) days after the date duehereunder; or

Appears in 2 contracts

Samples: Financing Agreement (TherapeuticsMD, Inc.), Financing Agreement (TherapeuticsMD, Inc.)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any NoteLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) when due any interest on any Note Loan or any fee or any other amount due hereunder within three two (32) days Business Days after the date due; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Mariner Health Care Inc), Credit and Guaranty Agreement (Mariner Health Care Inc)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note the Term Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Notethe Term Loan, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iii) when due any interest on any Note the Term Loan or any fee or any other amount due hereunder within three (3) days after the date duehereunder; or

Appears in 2 contracts

Samples: Financing Agreement (Federal Signal Corp /De/), Financing Agreement (Federal Signal Corp /De/)

Failure to Make Payments When Due. Failure by Company to pay (i) when due the principal of and premiumof, if anyor premium on, on any Note Loan, whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Noteacceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iiiii) when due any interest on any Note Loan or any fee or any other amount due hereunder within three (3) days Business Days after the date due; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Sanmina-Sci Corp)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment or mandatory prepayment of principal of any NoteLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise or (iii) when within three (3) Business Days after the due date therefore, any interest on any Note Loan or any fee or any other amount due hereunder within three (3) days after the date due; orhereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Mortons Restaurant Group Inc)

Failure to Make Payments When Due. Failure by Company to pay (i) when due the principal of and premium, if any, on any Note Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any NoteLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise, and any prepayment premium then due and payable in respect of such payment (including any prepayment premium then due and payable to any Non-Consenting Lender pursuant to Section 2.22); or (iii) within three (3) Business Days of when due any interest on any Note Loan or any fee or any other amount due hereunder within three (3) days after the date due; orhereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Madison Square Garden Co)

Failure to Make Payments When Due. Failure by Company to pay (i) the when due any principal of and premiumany Loan, if any, on any Note whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Noteacceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iiiii) when due any interest on any Note Loan or any fee or any other amount due hereunder within three (3) days Business Days after the date due, in either case, whether or not prohibited by the subordination provisions set forth in Section 9; or

Appears in 1 contract

Samples: Senior Subordinated Credit and Guaranty Agreement (Bill Barrett Corp)

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

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)

Failure to Make Payments When Due. Failure by Company to pay (i) the when due any principal of and premiumany Loan, if any, on any Note whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Noteacceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; (ii) any interest on any Loan within five days after the date due; or (iii) when due any interest on any Note or any fee or any other amount due hereunder within three (3) five days after written notice of non-payment has been received by the date dueCompany from the Administrative Agent; or

Appears in 1 contract

Samples: Credit Agreement (Emc Corp)

Failure to Make Payments When Due. Failure by Company to pay (i) the when due any installment of principal of and premiumof, if anyor premium on, on any Note Loan, whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Noteacceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iiiii) when due any interest on any Note Loan or any fee or any other amount due hereunder within three (3) days Business Days after the date due; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

Failure to Make Payments When Due. Failure by Company to pay (i) the any installment of principal of and premium, if any, or interest on any Note Loan when due, whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Noteacceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; (ii) when due any amount payable to the Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (iii) when due any interest on any Note Loan or any fee or any other amount due hereunder under this Agreement within three (3) five days after the date due; or

Appears in 1 contract

Samples: Credit Agreement (Players International Inc /Nv/)

Failure to Make Payments When Due. (a) Failure by Company to pay (i) the any installment of principal of and premiumany Restated Note when due, if any, on any Note whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Noteacceleration, by notice of voluntary prepayment, by mandatory prepayment (except as provided in Section 2.4(b)(ii)(C) with respect to an incorrect calculation of mandatory prepayment amounts) or otherwise or otherwise; or (iiib) when due failure by Company to pay any interest on any Note or Restated Note, any fee or any other amount due hereunder under this Agreement within three (3) days after the date due; or

Appears in 1 contract

Samples: Note Purchase Agreement (U.S. Silica Holdings, Inc.)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note Loan (other than any Excess Cash Flow payment) whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any NoteLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iii) when due any interest on any Note Loan or any fee or any other amount due hereunder within and, in the case of any payment described in clauses (ii) or (iii) above, such failure shall continue for three (3) days after the date dueBusiness Days; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Navisite Inc)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any NoteTerm Loan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iiiii) when due any interest on any Note Term Loan, any unutilized commitment fee on any outstanding Term Loan Commitment or any other fee or any other amount due hereunder within three (3) days Business Days after the date due; or

Appears in 1 contract

Samples: Debtor in Possession Credit and Guaranty Agreement (NTL Delaware Inc)

Failure to Make Payments When Due. Failure by Company to pay when due, (i) the any principal or premium of and premiumany Loan, if any, on any Note whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Noteacceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iiiii) when due any interest on any Note Loan, or any fee or any other amount due hereunder within three (3) days after the date due; oramount, under this Agreement or any other Credit Document.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any DIP Note when due whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any DIP Note, by notice of voluntary prepayment, by mandatory prepayment or otherwise when due or (iii) when due any interest on any DIP Note or any fee or any other amount due hereunder hereunder, in each case, within three one (31) days Business Day after the date due; ordue when due hereunder.

Appears in 1 contract

Samples: Super Priority Senior Secured Debtor in Possession Note Purchase Agreement (Capstone Green Energy Corp)

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Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note when due whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Note, by notice of voluntary ​ ​ prepayment, by mandatory prepayment or otherwise when due or (iii) when due any interest on any Note or any fee or any other amount due hereunder hereunder, in each case, within three one (31) days Business Day after the date due; orwhen due hereunder.

Appears in 1 contract

Samples: Note Purchase Agreement (Capstone Green Energy Holdings, Inc.)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Note, by notice of voluntary prepayment, by mandatory prepayment prepayment, by acceleration or otherwise otherwise; or (iiiii) when due any interest on any Note Loan or any fee or any other amount due hereunder within three (3) days after the date duehereunder; or

Appears in 1 contract

Samples: Financing Agreement (Model N, Inc.)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Note, by notice of voluntary prepayment, by mandatory prepayment or otherwise or (iii) when due any interest on any Note or any fee or any other amount due hereunder within three (3) days after the date due; or.

Appears in 1 contract

Samples: Note Purchase Agreement (Catasys, Inc.)

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

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vought Aircraft Industries Inc)

Failure to Make Payments When Due. Failure by Company to pay (i) when due the principal of and premium, if any, on any Note Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any NoteLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iii) within three (3) days when due any interest on any Note Loan or any fee or any other amount due hereunder within three (3) days after the date due; orhereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Granite Broadcasting Corp)

Failure to Make Payments When Due. Failure by Company Borrowers to pay (i) when due the principal of and or premium, if any, on any Note the Notes, whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Noteacceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iiiii) when due any interest on any Note the Notes or any fee or any other amount due hereunder within three seven (37) days after the date duedue (in each case, whether or not any such payment is prohibited under the Subordination Agreement); or

Appears in 1 contract

Samples: Purchase Agreement (Prommis Solutions Holding Corp.)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any NoteLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iii) when due any interest on any Note or any fee or any other amount due hereunder within three (3) days after Business Days of the date duedue (A) any interest on any Loan, (B) any fee or (C) any other amount due hereunder; or

Appears in 1 contract

Samples: Financing Agreement (Global Geophysical Services Inc)

Failure to Make Payments When Due. Failure by the Company to pay (i) when due the principal of and premiumof, if anyor premium on, on any Note Loan, whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Noteacceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iiiii) when due any interest on any Note Loan or any fee or any other amount due hereunder within three (3) days Business Days after the date due; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any NoteLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iii) within three Business Days of when due any interest on any Note Loan or any fee or any other amount due hereunder within three (3) days after the date due; orhereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Primo Water Corp)

Failure to Make Payments When Due. Failure by the Company to pay (i) the principal of and premium, if any, on any Note Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any NoteLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iii) when due any interest on any Note or any fee or any other amount due hereunder within three (3) days after Business Days of the date duedue (A) any interest on any Loan, (B) any fee or (C) any other amount due hereunder; or

Appears in 1 contract

Samples: Financing Agreement (Global Geophysical Services Inc)

Failure to Make Payments When Due. Failure by Company to pay (i) the principal of and premium, if any, on any Note Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any NoteLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; or (iii) when due any interest on any Note Loan or any fee or any other amount due hereunder within three (3) days after on the date due; or.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (P10, Inc.)

Failure to Make Payments When Due. Failure by the Company to pay (i) the when due any principal of and premiumany Loan, if any, on any Note whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Noteacceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iii) when due any interest on any Note Loan or any fee or any other amount due hereunder within three (3) five days after the date due; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc)

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