Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (j) or (k) of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank may, by notice to the Borrower, take one or more of the following actions: (a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice; (b) declare the principal of and the accrued interest on the Note to be forthwith due and payable and thereupon the Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and (c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 5 contracts
Samples: Credit Agreement (Siebert Financial Corp), Credit Agreement (Diamond Management & Technology Consultants, Inc.), Credit Agreement (Accretive Health, Inc.)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) i), both inclusive, of Section 9.1 with respect to the Borrower) 8.1 has occurred and is continuing, the Bank may, by notice to the BorrowerCompany, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note to be forthwith due and payable and thereupon the Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Newport Corp), Credit Agreement (Newport Corp), Revolving Credit Agreement (Newport Corp)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection subsections (jf) or (kg) of Section 9.1 with respect to the Borrower) 8.1 hereof has occurred and is continuing, the Bank Lender may, by notice to the Borrower, take one or more of the following actions:
: (a) terminate the obligation remaining Revolving Credit Commitment and all other obligations of the Bank to extend any further credit Lender hereunder (other than the obligations of the Lender under section 11.21 hereof) on the date stated in such notice (which may be the date thereof) stated in such notice;
); and (b) declare the principal of and the accrued interest on the outstanding Note to be forthwith due and payable and thereupon the Note, including both principal and interest thereon, and all fees, charges and other Obligations payable hereunder and under the other Loan DocumentsObligations, 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; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 3 contracts
Samples: Seasonal Credit Agreement (Peoples Energy Corp), Seasonal Credit Agreement (Peoples Energy Corp), Seasonal Credit Agreement (Peoples Energy Corp)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (a) through (g), both inclusive, or subsection (j) or (k) of Section 9.1 with respect to the Borrower) 7.1 has occurred and is continuing, the Bank may, by notice to the Borrower, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note to be forthwith due and payable and thereupon the Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 2 contracts
Samples: Credit Agreement (Cleveland Cliffs Inc), Credit Agreement (Cleveland Cliffs Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) i), both inclusive, of Section Section
9.1 with respect to the Borrower) has occurred and is continuing, the Bank mayAgent shall, upon the request of the Required Lenders, by notice to the BorrowerCompany, take one or more of the following actions:
: (a) terminate the obligation obligations of the Bank Lenders to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
; (b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
and (c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 2 contracts
Samples: Long Term Multicurrency Credit Agreement (Anicom Inc), Short Term Credit Agreement (Anicom Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) h), both inclusive, of Section 9.1 with respect to the Borrower) Section
8.1 has occurred and is continuing, the Bank mayAgent shall, upon the request of the Required Lenders, by notice to the Borrower, take one or more of the following actions:
(a) terminate the obligation obligations of the Bank Lenders to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 2 contracts
Samples: Revolving and Term Credit Agreement (Hewitt Associates Inc), Revolving and Term Credit Agreement (Hewitt Associates Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) h), both inclusive, of Section 9.1 with respect to the Borrower) 7.1 has occurred and is continuing, the Bank may, Lender may by notice to the Borrower, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note to be forthwith due and payable and thereupon the Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and;
(cb) enforce any and all rights and remedies available to it under the Loan Documents or applicable law; and
(c) cause all amounts due under the Note to bear interest at the Default Rate as of the date the Event of Default occurred in accordance with Section 2.1.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement
Non-Bankruptcy Defaults. When any Event of Default described in Section 8.1 has occurred and is continuing (other than those an Event of Default described in subsection (je) or (kf) of Section 9.1 with respect to the Borrower) has occurred and is continuing8.1), the Bank may, by notice to the Borrower, take one or more of the following actions:
: (a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
; (b) declare the principal of and the accrued interest on the Note to be forthwith due and payable and thereupon the Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
and (c) enforce any and all rights and remedies available to it the Bank under the Loan Documents or applicable law.
Appears in 2 contracts
Samples: Credit Agreement (Great Western Bancorp, Inc.), Credit Agreement (Great Western Bancorp, Inc.)
Non-Bankruptcy Defaults. When any Event of Default described in Section 8.1 has occurred and is continuing (other than those an Event of Default described in subsection (je) or (kf) of Section 9.1 with respect to the Borrower) has occurred and is continuing8.1), the Bank may, by notice to the Borrower, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
; (b) declare the principal of and the accrued interest on the Note to be forthwith due and payable and thereupon the Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
and (c) enforce any and all rights and remedies available to it the Bank under the Loan Documents or applicable law.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (jSection 9.1(a) or (k) of through Section 9.1 with respect to the Borrower9.1(k) has occurred and is continuing, the Bank may, by notice to the Borrower, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice, whether or not further credit would otherwise be available;
(b) declare the principal of and the accrued interest on the Note any Loans and all other Obligations then outstanding to be forthwith due and payable payable, and thereupon the Noteall Loans and all such other Obligations, including both principal and principal, interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) ), both inclusive, of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank mayAgent shall, upon the request of the Required Lenders, by notice to the BorrowerCompany, take one or more of the following actions:
(a) terminate the obligation obligations of the Bank Lenders to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) i), both inclusive, of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank mayAgent shall, upon the request of the Required Lenders, by notice to the BorrowerCompany, take one or more of the following actions:
(a) terminate the obligation obligations of the Bank Lenders to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) o), both inclusive, of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank may, by notice to the BorrowerCompany, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Revolving Credit Note to be forthwith due and payable and thereupon the Revolving Credit Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Samples: Credit Agreement (QMS Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) m), both inclusive, of Section Section
9.1 with respect to the Borrower) has occurred and is continuing, the Bank mayAgent shall, upon the request of the Required Lenders, by notice to the BorrowerCompany, take one or more of the following actions:
(a) terminate the obligation obligations of the Bank Lenders to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (Default, other than those any Event of Default described in subsection (j) or (k) of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank may, by notice to the Borrower, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note to be forthwith due and payable and thereupon the Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) i), both inclusive, of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank mayAgent shall, upon the request of the Required Lenders, by notice to the BorrowerCompany, take one or more of the following actions:
: (a) terminate the obligation obligations of the Bank Lenders to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
; (b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
and (c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law. .
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection clauses (ja) or through (kp) both inclusive, of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank mayAgent shall, upon request of the Required Lenders, by notice to the BorrowerCompany, take one or more of the following actions:
(a) terminate the obligation obligations of the Bank Lenders to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations amounts payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Samples: Credit Agreement (Hk Systems Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) i), both inclusive, of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank may, by notice to the BorrowerBorrowers, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note to be forthwith due and payable and thereupon the Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Samples: Credit Agreement (Hub Group Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) m), both inclusive, of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank may, by notice to the BorrowerCompany, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Revolving Credit Note to be forthwith due and payable and thereupon the Revolving Credit Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection clauses (ja) or through (k) ), both inclusive, of Section 9.1 with respect to the Borrower) Section
8.1 has occurred and is continuing, the Bank or any holder of the Notes may, by notice to the BorrowerCompany, take one either or more both of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, -36- Document shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) i), both inclusive, of Section Section
9.1 with respect to the Borrower) has occurred and is continuing, the Bank mayAgent shall, upon the request of the Required Lenders, by notice to the BorrowerCompany, take one or more of the following actions:
(a) terminate the obligation obligations of the Bank Lenders to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Samples: Credit Agreement (Anicom Inc)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) l), both inclusive, of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank may, by notice to the BorrowerCompany, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Revolving Credit Note to be forthwith due and payable and thereupon the Revolving Credit Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Samples: Credit Agreement (JPS Packaging Co)
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (a) through (j) or (k) ), both inclusive, of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank mayAgent shall, upon the request of the Required Lenders, by notice to the BorrowerCompany, take one or more of the following actions:
(a) terminate the obligation obligations of the Bank Lenders to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k), both inclusive, or subsection (n) of Section 9.1 with respect to the Borrower) has occurred and is continuing, the Bank may, by notice to the Borrower, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) i), both inclusive, of Section 9.1 with respect to the Borrower) 8.1 has occurred and is continuing, the Bank mayAgent shall, upon the request of the Required Lenders, by notice to the any Borrower, take one or more of the following actions:
(a) terminate the obligation obligations of the Bank Lenders to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Samples: Credit Agreement (Hub Group Inc)
Non-Bankruptcy Defaults. When any Event of Default described in Section 8.1 has occurred and is continuing (other than those an Event of Default described in subsection (je) or (kf) of Section 9.1 with respect to the Borrower) has occurred and is continuing8.1), the Bank may, by notice to the Borrower, take one or more of the following actions:
: (a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
; (b) declare the principal of and the accrued interest on the Note Notes to be forthwith due and payable and thereupon the NoteNotes, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
and (c) enforce any and all rights and remedies available to it the Bank under the Loan Documents or applicable law.
Appears in 1 contract
Non-Bankruptcy Defaults. When any Event of Default (other than those described in subsection (ja) or through (k) i), both inclusive, of Section 9.1 with respect to the Borrower) either Borrower has occurred and is continuing, the Bank may, by notice to the BorrowerBorrowers, take one or more of the following actions:
(a) terminate the obligation of the Bank to extend any further credit hereunder on the date (which may be the date thereof) stated in such notice;
(b) declare the principal of and the accrued interest on the Note to be forthwith due and payable and thereupon the Note, including both principal and interest and all fees, charges and other Obligations payable hereunder and under the other Loan Documents, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind; and
(c) enforce any and all rights and remedies available to it under the Loan Documents or applicable law.
Appears in 1 contract
Samples: Credit Agreement (Hub Group Inc)