Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 10 contracts
Samples: 364 Day Credit Agreement (Northern Illinois Gas Co /Il/ /New/), 364 Day Credit Agreement (Nicor Inc), Credit Agreement (Nicor Inc)
Non-Bankruptcy Defaults. When Subject to Section 7.3, when any Event of Default (other than those described in subsections subsection (fj) or (gk) of Section 8.1 9.1 hereof with respect to the Borrower) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (bi) declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kindkind and (ii) subject to Section 13.2(b), exercise on behalf of itself and the Lenders all of which are hereby waived by rights and remedies available to it and the BorrowerLenders under the Loan Documents. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 6 contracts
Samples: Term Loan Credit Agreement, Credit Agreement (J M SMUCKER Co), Term Loan Credit Agreement (J M SMUCKER Co)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, by written notice to Borrower: :
(a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 6 contracts
Samples: Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Northern Illinois Gas Co /Il/ /New/)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections subsection (fj) or (gk) of Section 8.1 9.1 hereof with respect to the Borrower) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 5 contracts
Samples: Credit Agreement (StoneX Group Inc.), Credit Agreement (Intl Fcstone Inc.), Credit Agreement (FCStone Group, Inc.)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, by written notice to Borrower: Borrowers:
(a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the each Borrower. The Administrative Agent, after giving notice to Borrower Borrowers pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 4 contracts
Samples: Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Nicor Inc)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower if so directed by the Required Lenders, by written notice to BorrowerBanks: (a) terminate the remaining Revolving Credit Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans Notes to be forthwith due and payable and thereupon all outstanding LoansNotes, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 4 contracts
Samples: Credit Agreement (Peoples Energy Corp), Credit Agreement (North Shore Gas Co /Il/), Credit Agreement (North Shore Gas Co /Il/)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections Sections (fp), (q) or (gr) of Section 8.1 9.1 hereof with respect to the Borrower has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, by written notice to the Borrower, take either or both of the following actions: (
a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans of the Borrower to be forthwith due and payable and thereupon all outstanding of said Loans, including both principal and interest thereon, and all other Obligationsinterest, shall be and become immediately due and payable together with all other amounts payable under this Agreement and the Credit other Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.29.3, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 3 contracts
Samples: Revolving Credit Agreement (World Acceptance Corp), Revolving Credit Agreement (World Acceptance Corp), Revolving Credit Agreement (World Acceptance Corp)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections Sections (fp), (q) or (gr) of Section 8.1 9.1 hereof with respect to the Borrower has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, by written notice to the Borrower: , take either or both of the following actions:
(a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and and
(b) declare the principal of and the accrued interest on all outstanding Loans of the Borrower to be forthwith due and payable and thereupon all outstanding of said Loans, including both principal and interest thereon, and all other Obligationsinterest, shall be and become immediately due and payable together with all other amounts payable under this Agreement and the Credit other Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.29.3, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 3 contracts
Samples: Revolving Credit Agreement (World Acceptance Corp), Revolving Credit Agreement (World Acceptance Corp), Revolving Credit Agreement (World Acceptance Corp)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (fe) or (gf) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required LendersBanks, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Banks, declare the principal of and the accrued interest on all outstanding Loans Notes to be forthwith due and payable and thereupon all outstanding LoansNotes, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c), 8.1(d) or this Section 8.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 3 contracts
Samples: 364 Day Revolving Credit Agreement (NRG Energy Inc), 364 Day Revolving Credit Agreement (NRG Energy Inc), Credit Agreement (NRG Energy Inc)
Non-Bankruptcy Defaults. When any Event of Default exists other than those described in subsections subsection (fj) or (gk) of Section 8.1 hereof has occurred and is continuing7.1, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c7.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (American Railcar Industries, Inc.), Credit Agreement (American Railcar Industries, Inc.)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, by written notice to BorrowerBorrowers: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the each Borrower. The Administrative Agent, after giving notice to Borrower Borrowers pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Nicor Inc)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required LendersBanks, by written notice to Borrower: :
(a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans Notes to be forthwith due and payable and thereupon all outstanding LoansNotes, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Black Hills Corp /Sd/), 364 Day Credit Agreement (Black Hills Corp /Sd/)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (fi) or (gj) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans and all other amounts due under the Loan Documents to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Hewitt Associates Inc), 364 Day Credit Agreement (Hewitt Associates Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections (fSection 8.1(j) or (gk) of Section 8.1 hereof with respect to Borrower) has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, by written notice to Borrower: (a) if so directed by the Required Lenders, terminate the remaining Revolving Credit Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (BIO-TECHNE Corp), Credit Agreement (Techne Corp /Mn/)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof 7.1 has occurred and is continuing, the Administrative Agent shall, by notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); ) and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c7.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Aptargroup Inc), Credit Agreement (Aptargroup Inc)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a 1663651.11-New York Server 7A - MSW copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections Sections (fp), (q) or (gr) of Section 8.1 9.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required LendersBanks, by written notice to the Borrower: , take either or both of the following actions:
(a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and and
(b) declare the principal of and the accrued interest on all outstanding Loans Notes of the Borrower to be forthwith due and payable and thereupon all outstanding Loansof said Notes, including both principal and interest thereon, and all other Obligationsinterest, shall be and become immediately due and payable together with all other amounts payable under this Agreement and the Credit other Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.29.3, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: Revolving Credit Agreement (World Acceptance Corp), Revolving Credit Agreement (World Acceptance Corp)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (e), (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required LendersBanks, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Banks, declare the principal of and the accrued interest on all outstanding Loans Notes to be forthwith due and payable and thereupon all outstanding LoansNotes, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c), 8.1(d) or this Section 8.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: 364 Day Revolving Credit Agreement (NRG Energy Inc), 364 Day Revolving Credit Agreement (NRG Energy Inc)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections subsection (fj) or (gk) of Section 8.1 6.01 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Company: (a) if so directed by or with the consent of the Required Lenders, terminate the Commitments and all other obligations of the Lenders hereunder, which shall thereupon immediately terminate; and (b) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to Borrower the Company pursuant to Section 8.1(c6.01(c) or this Section 8.26.02, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: Three Year Credit Agreement (LyondellBasell Industries N.V.), 364 Day Credit Agreement (LyondellBasell Industries N.V.)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof 7.1 has occurred and is continuing, the Administrative Agent shall, by notice to the Company: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); ) and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to Borrower the Company pursuant to Section 8.1(c7.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: Multicurrency Credit Agreement (Aptargroup Inc), Credit Agreement (Aptargroup Inc)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required LendersBanks, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans Notes to be forthwith due and payable and thereupon all outstanding LoansNotes, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Black Hills Corp /Sd/), 364 Day Credit Agreement (Black Hills Corp /Sd/)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections subsection (fj) or (gk) of Section 8.1 hereof 9.1 hereof) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Term Loans and Incremental Term Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Alpine Income Property Trust, Inc.), Credit Agreement (Alpine Income Property Trust, Inc.)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (fSections 9.1(i) or (gj) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by notice to the Borrower, (a) if so directed by the Required LendersBanks, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Banks holding Notes evidencing more than 66-2/3% of the aggregate principal amount of all Loans then outstanding, declare the principal of and the accrued interest on all outstanding Loans Notes of the Borrower to be forthwith due and payable and thereupon all outstanding Loansof said Notes, including both principal and interest thereon, and all other Obligationsinterest, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents this Agreement without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) 9.1 or this Section 8.29.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Maytag Corp), Credit Agreement (Maytag Corp)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (fSections 11.1(l) or (gm) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by notice to the Company (acting on behalf of the Borrowers), (a) if so directed by the Required LendersBanks, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Banks holding more than 51% of the aggregate Original Dollar Amount of all Loans then outstanding, (1) declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, Obligations payable hereunder shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, kind and (2) enforce any and all of which are hereby waived by rights and remedies available to it under the BorrowerLoan Documents or applicable law. The Administrative Agent, after giving notice to Borrower the Company (acting on behalf of the Borrowers) pursuant to Section 8.1(c) 11.1 or this Section 8.211.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Titan International Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections subsection (fj) or (gk) of Section 8.1 hereof 9.1 hereof) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Revolving Credit Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Revolving Loans to be forthwith due and payable and thereupon all outstanding Revolving Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections subsection (fj) or (gk) of Section 8.1 hereof 9.1 hereof) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Term Loans and Incremental Term Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (Alpine Income Property Trust, Inc.)
Non-Bankruptcy Defaults. When any Event of Default exists other than those described in subsections subsection (fh) or (gi) of Section 8.1 hereof has occurred and is continuing8.1, the Administrative Agent shall, by written notice to the Borrowers, subject to the terms of the Intercreditor Agreement: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to Borrower the Borrowers pursuant to Section 8.1(c8.1(e) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Turning Point Brands, Inc.)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (e), (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, Banks by written notice to the Borrower: :
(a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans Notes to be forthwith due and payable and thereupon all outstanding LoansNotes, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c), 8.1(d) or this Section 8.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: 364 Day Revolving Credit Agreement (NRG Energy Inc)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections subsection (fj) or (gk) of Section 8.1 9.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Delayed Draw Term Loan Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); ) and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Delayed Draw Term Loan Credit Agreement (Penford Corp)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections Sections (fp), (q) or (gr) of Section 8.1 9.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required LendersBanks, by written notice to the Borrower, take either or both of the following actions: (
a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans Notes of the Borrower to be forthwith due and payable and thereupon all outstanding Loansof said Notes, including both principal and interest thereon, and all other Obligationsinterest, shall be and become immediately due and payable together with all other amounts payable under this Agreement and the Credit other Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.29.3, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice. .
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections subsection (fj) or (gk) of Section 8.1 hereof 9.1 hereof) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Term Loans and Incremental Term Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice..
Appears in 1 contract
Samples: Credit Agreement (Alpine Income Property Trust, Inc.)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections subsection (fj) or (gk) of Section 8.1 hereof 9.1 hereof) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Term Loans and Incremental Term Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (Alpine Income Property Trust, Inc.)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections subsection (fj) or (gk) of Section 8.1 9.1 hereof with respect to the Borrower) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Revolving Credit Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (fSections 11.1(l) or (gm) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by notice to the Borrowers, (a) if so directed by the Required LendersBanks, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Banks holding more than 51% of the aggregate Original Dollar Amount of all Loans then outstanding, (1) declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, Obligations payable hereunder shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, kind and (2) enforce any and all of which are hereby waived by rights and remedies available to it under the BorrowerLoan Documents or applicable law. The Administrative Agent, after giving notice to Borrower the Borrowers pursuant to Section 8.1(c) 11.1 or this Section 8.211.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Titan Wheel International Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections (fSection 8.1(g) or (gh) of Section 8.1 hereof with respect to the Borrower) has occurred and is continuing, the Administrative Agent shall, by notice to the Borrower: (a) if so directed by the Required LendersInstructing Group, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of to the Lenders Borrower hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Instructing Group, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other accrued amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all including, but not limited to, notice of intent to accelerate and notice of acceleration, each of which are hereby is expressly waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Secured Loan Agreement (Transocean Sedco Forex Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections (fSection 8.1(j) or (gk) of Section 8.1 hereof with respect to Borrower) has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, by written notice to Borrower: (a) if so directed by the Required Lenders, terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (BIO-TECHNE Corp)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections (f) or (g) of Section 8.1 hereof 7.1 with respect to the Borrower or Holdings) has occurred and is continuing, the Administrative Agent shall, by notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of to the Lenders Borrower hereunder on the date stated in such notice (which may be the date thereof); ) and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Term Loans to be forthwith due and payable and thereupon all outstanding Term Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other accrued amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all including, but not limited to, notice of intent to accelerate and notice of acceleration, each of which are hereby is expressly waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections (f) or (g) of Section 8.1 hereof 7.1 with respect to the Borrower) has occurred and is continuing, the Administrative Agent shall, by notice to the Borrower: (a) if so directed by the Required Lenders, by written notice terminate any Commitments to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders Borrower in effect hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans Notes to be forthwith due and payable and thereupon all outstanding LoansNotes, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other accrued amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all including, but not limited to, notice of intent to accelerate and notice of acceleration, each of which are hereby is expressly waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections subsection (fh) or (gi) of Section 8.1 hereof 7.1 hereof) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c7.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the Administrative Agent and the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Loan Agreement (Viola Vincent J)
Non-Bankruptcy Defaults. When any Event of Default exists other than those described in subsections subsection (fh) or (gi) of Section 8.1 hereof has occurred and is continuing8.1, the Administrative Agent shall, by written notice to the Borrower, subject to the terms of the Intercreditor Agreement: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c8.1(e) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Turning Point Brands, Inc.)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Parent: (a) if so directed by the Required LendersBanks, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Banks, declare the principal of and the accrued interest on all outstanding Loans and all other amounts due under the Credit Documents to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections subsection (fj) or (gk) of Section 8.1 hereof 9.1 hereof) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required LendersBanks, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Banks, declare the principal of and the accrued interest on all outstanding Loans Notes and all other amounts due under the Credit Documents to be forthwith due and payable and thereupon all outstanding LoansNotes, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Parent: (a) if so directed by the Required LendersBanks, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Banks, declare the principal of and the accrued interest on all outstanding Loans and all other amounts due under the Credit Documents to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections subsection (fi) or (gj) of Section 8.1 9.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required LendersLenders may, by written notice to the Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans Notes to be forthwith due and payable and thereupon all outstanding LoansNotes, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (fSections 9.1(i) or (gj) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by notice to the Borrower, (a) if so directed by the Required LendersBanks, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders Banks hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Banks holding Notes evidencing more than 66-2/3% of the aggregate principal amount of all Loans then outstanding, declare the principal of and the accrued interest on all outstanding Loans Notes of the Borrower to be forthwith due and payable and thereupon all outstanding Loansof said Notes, including both principal and interest thereon, and all other Obligationsinterest, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents this Agreement without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) 9.1 or this Section 8.29.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (Maytag Corp)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections subsection (fj) or (gk) of Section 8.1 9.1 hereof with respect to the Borrower) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to any Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the Administrative Agent and the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections (fSection 7.1(f) or (g) of Section 8.1 hereof with respect to the Credit Parties) has occurred and is continuing, the Administrative Agent shall, by notice to the Company: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of to the Lenders Borrowers hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other accrued amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all including, but not limited to, notice of intent to accelerate and notice of acceleration, each of which are hereby is expressly waived by the BorrowerBorrowers. The Administrative Agent, after giving notice to Borrower the Company pursuant to Section 8.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections (f) or (g) of Section 8.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower if so directed by the Required Lenders, by written notice to Borrower: Banks:
(a) terminate the remaining Revolving Credit Commitments and all other obligations of the Lenders Banks hereunder (other than the obligations of the Banks under section 11.21 hereof) on the date stated in such notice (which may be the date thereof); and (b) declare the principal of and the accrued interest on all outstanding Loans Notes to be forthwith due and payable and thereupon all outstanding LoansNotes, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other LendersBanks, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections (f) or (g) of Section 8.1 hereof 7.1 with respect to the Borrower) has occurred and is continuing, the Administrative Agent shall, by notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of to the Lenders Borrower hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Term Loans to be forthwith due and payable and thereupon all outstanding Term Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other accrued amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all including, but not limited to, notice of intent to accelerate and notice of acceleration, each of which are hereby is expressly waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default other than ----------------------- those described in subsections (f) or (g) of Section 8.1 hereof Section
7.1 has occurred and is continuing, the Administrative Agent shall, by notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); ) and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c7.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (Aptargroup Inc)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections subsection (fg) or (gh) of Section 8.1 6.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrowers: (a) if so directed by the Required Lendersany Lender, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by any Lender, declare the principal of and the accrued interest on all outstanding Loans Notes to be forthwith due and payable and thereupon all outstanding LoansNotes, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to Borrower the Borrowers pursuant to Section 8.1(c6.1(c) or this Section 8.26.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections (f) or (g) of Section 8.1 hereof 7.1 with respect to the Borrower, Holdings or any other Loan Party) has occurred and is continuing, the Administrative Agent shall, by notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) or may with the consent of the Required Lenders, terminate the remaining Commitments and all other obligations of to the Lenders Borrower hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, or may with the consent of the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other accrued amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all including, but not limited to, notice of intent to accelerate and notice of acceleration, each of which are hereby is expressly waived by the BorrowerBorrower and Holdings. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (Transocean Ltd.)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections Sections (fp), (q) or (gr) of Section 8.1 9.1 hereof with respect to the Borrower has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, by written notice to the Borrower: , take either or both of the following actions:
(a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and and
(b) declare the principal of and the accrued interest on all outstanding Loans Notes of the Borrower to be forthwith due and payable and thereupon all outstanding Loansof said Notes, including both principal and interest thereon, and all other Obligationsinterest, shall be and become immediately due and payable together with all other amounts payable under this Agreement and the Credit other Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.29.3, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Subordinated Credit Agreement (World Acceptance Corp)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections subsection (fj) or (gk) of Section 8.1 9.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Excelligence Learning Corp)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections (f) or (g) of Section 8.1 hereof 7.1 with respect to the Borrower) has occurred and is continuing, the Administrative Agent shall, by notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of to the Lenders Borrower hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other accrued amounts payable under the Credit Documents without further demand, presentment, protest or notice of any kind, all including, but not limited to, notice of intent to accelerate and notice of acceleration, each of which are hereby is expressly waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (Transocean Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections subsection (fj) or (gk) of Section 8.1 9.1 hereof with respect to a Borrower) has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrowers: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to any Borrower pursuant to Section 8.1(c9.1(c) or this Section 8.29.2, shall also promptly send a copy of such notice to the Collateral Agent and the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections subsection (fj) or (gk) of Section 8.1 7.1 hereof has occurred and is continuing, the Administrative Agent shall, if so directed by the Required Lenders, by written notice to the Borrower: (a) if so directed by or with the consent of the Required Lenders, terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c7.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Term Loan Agreement (Cliffs Natural Resources Inc.)
Non-Bankruptcy Defaults. When any Event of Default other than those described in subsections subsection (fj) or (gk) of Section 8.1 7.1 hereof has occurred and is continuing, the Administrative Agent shall, by written notice to the Borrower: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); ) and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c7.1(c) or this Section 8.27.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default exists other than those described in subsections subsection (fh) or (gi) of Section 8.1 hereof has occurred and is continuing8.1, the Administrative Agent shall, by written notice to the Borrower, subject to the terms of the Intercreditor Agreement: (a) if so directed by the Required Lenders, by written notice to Borrower: (a) terminate the remaining Commitments and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) if so directed by the Required Lenders, declare the principal of and the accrued interest on all outstanding Loans to be forthwith due and payable and thereupon all outstanding Loans, including both principal and interest thereon, and all other Obligations, shall be and become immediately due and payable together with all other amounts payable under the Credit Loan Documents without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Administrative Agent, after giving notice to the Borrower pursuant to Section 8.1(c8.1(e) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice. -88- Section 8.3.
Appears in 1 contract
Samples: Second Lien Credit Agreement
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsections (fSection 10.1(f) or (g) of Section 8.1 hereof with respect to the Borrower) has occurred and is continuing, (i) the Administrative Agent shallRBF Noteholder, if so directed by the Required Lenders, by written without notice to the Borrower: (a) , may terminate the remaining Commitments Revolving Credit Facility and all other obligations of the Lenders hereunder on the date stated in such notice (which may be the date thereof); and (b) declare the outstanding principal of and the accrued and unpaid interest on all outstanding Loans the Revolving Note to be forthwith due and payable and thereupon (ii) the Required Noteholders may, without notice to the Borrower, declare the outstanding principal of and the accrued and unpaid interest on the Term Notes and all other Obligations to be forthwith due and payable and, thereupon, all such outstanding Loansamounts under the applicable Notes, including both principal of and interest thereon, and all other Obligations, shall be and become immediately due and payable payable, together with all other amounts payable under the Credit Documents Obligations, without further demand, presentment, protest, notice of protest or notice of any kind, all including, but not limited to, notice of intent to accelerate and notice of acceleration, each of which are hereby is expressly waived by the Borrower. The Administrative Agent, after giving notice to Borrower pursuant to Section 8.1(c) or this Section 8.2, shall also promptly send a copy of such notice to the other Lenders, but the failure to do so shall not impair or annul the effect of such notice.
Appears in 1 contract
Samples: Revolving Credit and Note Purchase Agreement (Todco)