Common use of Mandatory Termination Upon a Change of Control Clause in Contracts

Mandatory Termination Upon a Change of Control. After the occurrence of a Change of Control, the Required Lenders may, by written notice to the Borrower at any time on or before the date occurring 90 days after the date the Borrower notifies the Lenders of such Change of Control, terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date of such notice). On the date the Commitments are so terminated, all outstanding Obligations (including, without limitation, all principal of and accrued interest on the Notes) shall forthwith be due and payable without further demand, presentment, protest or notice of any kind and the Borrower shall immediately pay to the Lenders the full amount then available for drawing under each Letter of Credit, such amount to be held in the Collateral Account (the Borrower agreeing to immediately make such payment on the date the Commitments are so terminated and acknowledging and agreeing that the Lenders would not have an adequate remedy at law for the failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any drawings or other demands for payment have been made under any of the Letters of Credit).

Appears in 3 contracts

Samples: Credit Agreement (FTD Inc), Credit Agreement (Ios Brands Corp), Credit Agreement (Ios Brands Corp)

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Mandatory Termination Upon a Change of Control. After the occurrence of a Change of Control, the Required Lenders Banks may, by written notice to the Borrower at any time on or before the date occurring 90 days after the date the Borrower notifies the Lenders Banks of such Change of Control, terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may shall in no event be sooner than 30 days after the date occurrence of such noticeChange of Control). On the date the Commitments are so terminated, all outstanding Obligations (including, without limitation, all principal of and accrued interest on the Notes) shall forthwith be due and payable without further demand, presentment, protest protest, or notice of any kind and the Borrower shall immediately pay to the Lenders Banks the full amount then available for drawing under each Letter of Credit, such amount to be held in the Collateral Account referred to in Section 9.4 hereof (the Borrower agreeing to immediately make such payment on the date the Commitments are so terminated and acknowledging and agreeing that the Lenders Banks would not have an adequate remedy at law for the failure by the Borrower to honor any such demand and that the LendersBanks, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any drawings or other demands for payment have been made under any of the Letters of Credit).

Appears in 2 contracts

Samples: Credit Agreement (Vision Twenty One Inc), Credit Agreement (Sycamore Park Convalescent Hospital)

Mandatory Termination Upon a Change of Control. After the occurrence of a Change of Control, the Required Lenders Banks may, by written notice to the Borrower at any time on or before the date occurring 90 180 days after the date the Borrower notifies the Lenders Banks of such Change of Control, terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may shall in no event be sooner than (i) three (3) days after such notice is given or (ii) the date of such noticeday on which the Borrower repays any other Indebtedness for Borrowed Money). On the date the Commitments are so terminated, all outstanding Obligations (including, without limitation, all principal of and accrued interest on the Notes) shall forthwith be due and payable without further demand, presentment, protest protest, or notice of any kind and the Borrower shall immediately pay to the Lenders Banks the full amount then available for drawing under each Letter of Credit, such amount to be held in the Collateral Account referred to in Section 9.4 hereof (the Borrower agreeing to immediately make such payment on the date the Commitments are so terminated and acknowledging and agreeing that the Lenders Banks would not have an adequate remedy at law for the failure by the Borrower to honor any such demand and that the LendersBanks, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any drawings or other demands for payment have been made under any of the Letters of Credit).

Appears in 2 contracts

Samples: Credit Agreement (Apac Teleservices Inc), Credit Agreement (Apac Teleservices Inc)

Mandatory Termination Upon a Change of Control. After the occurrence of a Change of Control, the Required Lenders may, by written notice to the Borrower at any time on or before the date occurring 90 days after the date the Borrower notifies the Lenders of such Change of Control, terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be any date that is not less than 30 days following the date of such notice). On the date the Commitments are so terminated, all outstanding Obligations (including, without limitation, all principal of and accrued interest on the Notes) shall forthwith be due and payable without further demand, presentment, protest protest, or notice of any kind and the Borrower shall immediately pay to the Lenders the full amount then available for drawing under each Letter of Credit, such amount to be held in the Collateral Account (the Borrower agreeing to immediately make such payment on the date the Commitments are so terminated and acknowledging and agreeing that the Lenders would not have an adequate remedy at law for the failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any drawings or other demands for payment have been made under any of the Letters of Credit).

Appears in 2 contracts

Samples: Credit Agreement (Lamson & Sessions Co), Credit Agreement (Lamson & Sessions Co)

Mandatory Termination Upon a Change of Control. After the occurrence of a Change of Control, the Required Lenders may, by written notice to the Borrower Company at any time on or before the date occurring 90 days after the date the Borrower Company notifies the Lenders of such Change of Control, terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may shall in no event be sooner than 30 days after the date occurrence of such noticeChange of Control). On the date the Commitments are so terminated, all outstanding Obligations (including, without limitation, all principal of and accrued interest on the Notes) shall forthwith be due and payable without further demand, presentment, protest protest, or notice of any kind and the Borrower Company shall immediately pay to the Lenders the full amount then available for drawing under each Letter of Credit, such amount to be held in by the Collateral Account Agent as collateral security for the Letters of Credit and the Applications therefor and any remaining Obligations (the Borrower Company agreeing to immediately make such payment on the date the Commitments are so terminated and acknowledging and agreeing that the Lenders would not have an adequate remedy at law for the failure by the Borrower Company to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Company to specifically perform such undertaking whether or not any drawings or other demands for payment have been made under any of the Letters of Credit).

Appears in 2 contracts

Samples: Credit Agreement (Home Dialysis of Columbus Inc), Credit Agreement (Everest One Ipa Inc)

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Mandatory Termination Upon a Change of Control. After the occurrence of a Change of Control, the Required Lenders Banks may, by written notice to the Borrower at any time on or before the date occurring 90 days after the date the Borrower notifies the Lenders Banks of such Change of Control, terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may shall in no event be sooner than (i) three (3) days after such notice is given or (ii) the date of such noticeday on which the Borrower repays any other Indebtedness for Borrowed Money). On the date the Commitments are so terminated, all outstanding Obligations (including, without limitation, all principal of and accrued interest on the Notes) shall forthwith be due and payable without further demand, presentment, protest protest, or notice of any kind and the Borrower shall immediately pay to the Lenders Banks the full amount then available for drawing under each Letter of Credit, such amount to be held in the Collateral Account referred to in Section 9.4 hereof (the Borrower agreeing to immediately make such payment on the date the Commitments are so terminated and acknowledging and agreeing that the Lenders Banks would not have an adequate remedy at law for the failure by the Borrower to honor any such demand and that the LendersBanks, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any drawings or other demands for payment have been made under any of the Letters of Credit).

Appears in 1 contract

Samples: Credit Agreement (Diamond Home Services Inc)

Mandatory Termination Upon a Change of Control. After the occurrence of a Change of Control, the Required Lenders may, by written notice to the Borrower at any time on or before the date occurring 90 days after the date the Borrower notifies the Lenders of such Change of Control, terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may shall in no event be sooner than 30 days after the date occurrence of such noticeChange of Control). On the date the Commitments are so terminated, all outstanding Obligations (including, without limitation, all principal of and accrued interest on the NotesNotes and all amounts owing under Section 1.13 hereof) shall forthwith be due and payable without further demand, presentment, protest protest, or notice of any kind and the Borrower shall immediately pay to the Lenders the full amount then available for drawing under each Letter of Credit, such amount to be held in the Collateral Account referred to in Section 9.4 hereof (the Borrower agreeing to immediately make such payment on the date the Commitments are so terminated and acknowledging and agreeing that the Lenders would not have an adequate remedy at law for the failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any drawings or other demands for payment have been made under any of the Letters of Credit).

Appears in 1 contract

Samples: Credit Agreement (Vision Twenty One Inc)

Mandatory Termination Upon a Change of Control. After the occurrence of a Change of Control, the Required Lenders Banks may, by written notice to the Borrower at any time on or before the date occurring 90 days after the date the Borrower notifies the Lenders Banks of such Change of Control, terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may shall in no event be sooner than 30 days after the date occurrence of such noticeChange of Control). On the date the Commitments are so terminated, all outstanding Obligations (including, without limitation, all principal of and accrued interest on the NotesNotes and all amounts owing under Section 1.12 hereof) shall forthwith be due and payable without further demand, presentment, protest protest, or notice of any kind and the Borrower shall immediately pay to the Lenders Banks the full amount then available for drawing under each Letter of Credit, such amount to be held in the Collateral Account referred to in Section 9.4 hereof (the Borrower agreeing to immediately make such payment on the date the Commitments are so terminated and acknowledging and agreeing that the Lenders Banks would not have an adequate remedy at law for the failure by the Borrower to honor any such demand and that the LendersBanks, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any drawings or other demands for payment have been made under any of the Letters of Credit).

Appears in 1 contract

Samples: Credit Agreement (Vision Twenty One Inc)

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