Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 36 contracts
Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 27 contracts
Samples: Credit Agreement (Christopher & Banks Corp), Credit Agreement (Lovesac Co), Credit Agreement (Hamilton Beach Brands Holding Co)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 16 contracts
Samples: Credit Agreement (Corsair Gaming, Inc.), Credit Agreement (Ligand Pharmaceuticals Inc), Credit Agreement (DocGo Inc.)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, other Obligation or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document, and such failure under this clause (ii) continues for five (5) Business Days after the payment was due; or
Appears in 11 contracts
Samples: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Asset Based Revolving Credit Agreement (King Merger Sub II LLC), Asset Based Revolving Credit Agreement (Nextier Oilfield Solutions Inc.)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 9 contracts
Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (American Midstream Partners, LP), Credit Agreement (American Midstream Partners, LP)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 9 contracts
Samples: First Incremental Facility Amendment (McGrath Rentcorp), Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 9 contracts
Samples: Credit Agreement (Entravision Communications Corp), Credit Agreement (Entercom Communications Corp), Credit Agreement (Kennedy-Wilson Holdings, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 9 contracts
Samples: Credit Agreement (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.)
Non-Payment. The Borrower or any other Any Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation (whether upon demand at maturity, by reason of acceleration or otherwise) or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five three Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 8 contracts
Samples: Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C LC Obligation or (including by deposit any of funds as Cash Collateral in respect of L/C LC Obligations), or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C LC Obligation, or any fee due hereunder, or (iii) pay within five three (3) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 8 contracts
Samples: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Inc), Credit Agreement (Barnes & Noble Inc)
Non-Payment. The Borrower or any other Any Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 8 contracts
Samples: Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Rite Aid Corp)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 8 contracts
Samples: Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan, Swingline Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days five days after the same becomes due, any interest on any Loan, Swingline Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 7 contracts
Samples: Revolving Credit Agreement (PBF Energy Co LLC), Revolving Credit Agreement (PBF Logistics LP), Revolving Credit Agreement (PBF Logistics LP)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days five days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 7 contracts
Samples: Credit Agreement (Sylvamo Corp), Credit Agreement (Kbr, Inc.), Credit Agreement (Sylvamo Corp)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days 10 days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 7 contracts
Samples: Syndicated Facility Agreement (Aecom), Credit Agreement (Aecom), Credit Agreement (Aecom)
Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 7 contracts
Samples: Credit Agreement (Radiant Logistics, Inc), Credit Agreement (Chase Corp), Credit Agreement (Resources Connection Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee or other amount due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 6 contracts
Samples: Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C ObligationsObligations or Swing Line Loans, or (ii) pay within three five Business Days after the same becomes due, any interest on any Loan or on any L/C ObligationObligation or Swing Line Loan, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 6 contracts
Samples: Amendment and Restatement Agreement (Valvoline Inc), Amendment and Restatement Agreement (Valvoline Inc), Credit Agreement (Ashland Global Holdings Inc)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to pay (i) pay when and as required to be paid hereinpaid, any amount of principal of of, any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes is due, any amount of interest due on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 6 contracts
Samples: Credit Agreement (Lands' End, Inc.), Credit Agreement (Lands' End, Inc.), Credit Agreement (Lands' End, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 6 contracts
Samples: Credit Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) to pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) to pay within three Business Days after the same becomes due, any amount of interest on any Loan or on any L/C Obligation, or pay any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocuments within three (3) Business Days of when due; or
Appears in 6 contracts
Samples: Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as fund or Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any Commitment Fee or other fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 6 contracts
Samples: Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.)
Non-Payment. The Borrower or any other Any Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 6 contracts
Samples: Credit Agreement (Tilray Brands, Inc.), Credit Agreement (I3 Verticals, Inc.), Credit Agreement (Tilray Brands, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) fails to pay when and as required to be paid herein, herein any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral reimbursement obligation in respect of L/C Obligations, any LC Disbursement or to deposit when and as required to be deposited herein any cash collateral amount due pursuant to Section 2.06(j) or (ii) fails to pay within three Business Days five days after the same becomes due, any interest on any Loan or on any L/C ObligationLC Disbursement, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Samples: Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Borrowing or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Samples: Credit Agreement (Braemar Hotels & Resorts Inc.), Credit Agreement (Braemar Hotels & Resorts Inc.), Credit Agreement (Ashford Hospitality Prime, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, which failure continues for three Business Days, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document, which failure continues for three Business Days; or
Appears in 5 contracts
Samples: Credit Agreement (Foot Locker, Inc.), Credit Agreement (Foot Locker, Inc.), Credit Agreement (Foot Locker, Inc.)
Non-Payment. The Borrower Borrowers or any other Loan Party fails fail to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Samples: Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days five days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Samples: Third Amendment and Restatement Agreement (Targa Resources Partners LP), Second Amendment and Restatement Agreement (Targa Resources Partners LP), Credit Agreement (Targa Resources Partners LP)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of of, or interest on, any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Samples: Credit Agreement (Kirkland's, Inc), Credit Agreement (Kirkland's, Inc), Credit Agreement (Kirkland's, Inc)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C ObligationsObligations when and as required to be paid, or (ii) pay within three Business Days after the same becomes dueany interest, any interest on any Loan fee or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document, in each case of this clause (ii) within three Business Days after any such interest or other amount becomes due; or
Appears in 5 contracts
Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Samples: Credit Agreement (Del Taco Restaurants, Inc.), Credit Agreement (Biomarin Pharmaceutical Inc), Credit Agreement (Biomarin Pharmaceutical Inc)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable due hereunder or under any other Loan Document,; or
Appears in 5 contracts
Samples: Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or Loan, Swingline Loan, any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days five days after the same becomes due, any interest on any Loan, Swingline Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Samples: Credit Agreement (Antero Midstream Corp), Credit Agreement (Antero Midstream Partners LP), Credit Agreement (Antero Midstream Partners LP)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Samples: Credit Agreement (Arris Group Inc), Credit Agreement (Arris Group Inc), Credit Agreement (Arris Group Inc)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty Trust, Inc.)
Non-Payment. The Borrower or any other Any Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation (whether upon demand at maturity, by reason of acceleration or otherwise) or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days three (3) days after written notice from the Administrative Agent that the same becomes was not paid when due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, Obligations or (ii) pay within three five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, hereunder or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (Wendy's Co), Credit Agreement (Wendy's Restaurants, LLC), Credit Agreement (DineEquity, Inc)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days five days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any Facility Fee or other fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (F&G Annuities & Life, Inc.), Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (F&G Annuities & Life, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; oror (b)
Appears in 4 contracts
Samples: Credit Agreement (Harmonic Inc), Credit Agreement (Encore Wire Corp), Credit Agreement (Houlihan Lokey, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five four Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (ASGN Inc), Credit Agreement (On Assignment Inc), Credit Agreement (On Assignment Inc)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (GENTHERM Inc), Credit Agreement (GENTHERM Inc), Credit Agreement (GENTHERM Inc)
Non-Payment. The Any Co-Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Borrowing or deposit any funds as Cash Collateral in respect of L/C ObligationsCollateral, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (Marlin Midstream Partners, LP), Credit Agreement (Marlin Midstream Partners, LP), Credit Agreement (Marlin Midstream Partners, LP)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days three days after notice from the same becomes dueAdministrative Agent, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (Dennys Corp), Credit Agreement (Dennys Corp), Credit Agreement (Dennys Corp)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days five (5) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (Paycom Software, Inc.), Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)
Non-Payment. The Borrower Company or any other Loan Party fails to (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (Ceco Environmental Corp), Credit Agreement (Ceco Environmental Corp), Credit Agreement (Ceco Environmental Corp)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (Corporate Property Associates 16 Global Inc), Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid hereinpaid, (i) any amount of principal of of, any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, Obligation or any fee due hereunderhereunder which failure continues for three (3) Business Days, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocument which failure continues for five (5) Business Days; or
Appears in 4 contracts
Samples: Credit Agreement (LL Flooring Holdings, Inc.), Credit Agreement (Lumber Liquidators Holdings, Inc.), Credit Agreement (Lumber Liquidators Holdings, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (Nuvasive Inc), Credit Agreement (Nuvasive Inc), Credit Agreement (Nuvasive Inc)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as to Cash Collateral in respect of Collateralize L/C Obligations, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (Destination Maternity Corp), Credit Agreement (Destination Maternity Corp), Credit Agreement (Destination Maternity Corp)
Non-Payment. The Parent Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Powell Industries Inc), Credit Agreement (Powell Industries Inc), Credit Agreement (Powell Industries Inc)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of on any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or hereunder within three (iii3) pay within five Business Days after the same becomes due, or (iii) any other amount (excluding Other Liabilities) payable hereunder or under any other Loan DocumentDocument within five (5) Business Days after the due date thereof; or
Appears in 3 contracts
Samples: Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Inc.)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (CSI Compressco LP), Credit Agreement (Tetra Technologies Inc), Credit Agreement (Compressco Partners, L.P.)
Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days five days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Smith & Wesson Brands, Inc.), Credit Agreement (Smith & Wesson Brands, Inc.), Credit Agreement (Smith & Wesson Brands, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C ObligationsObligation, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, hereunder or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocument or deposit any funds as Cash Collateral in respect of L/C Obligations; or
Appears in 3 contracts
Samples: Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid hereinpursuant to this Agreement or any other Loan Document, (i) any amount of principal of any Loan or any L/C Obligation or deposit amount payable to any funds as Cash Collateral Issuing Bank in respect reimbursement of L/C Obligationsany drawing under a Letter of Credit, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) Business Days Day after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Revolving Credit Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Revolving Credit Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (American Residential Properties, Inc.), Credit Agreement (American Residential Properties, Inc.), Credit Agreement (American Residential Properties, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect consisting of L/C Obligationsreimbursement of draws under a Letter of Credit, or (ii) pay within three five (5) Business Days after the same becomes due, due any interest on any Loan or on any L/C Obligation, Obligation or any fee due hereunder, or (iii) pay within five (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Clearway Energy, Inc.), Credit Agreement (NRG Yield, Inc.), Credit Agreement (NRG Yield, Inc.)
Non-Payment. The Borrower or any other Loan Party fails fail to pay (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.), Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.), Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Revolving Credit Loan, any Swingline Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, Obligations or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or.
Appears in 3 contracts
Samples: Credit Agreement (Masonite International Corp), Credit Agreement (Masonite International Corp), Credit Agreement (Masonite International Corp)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Revolving Loan or any L/C LC Obligation or deposit any funds as Cash Collateral in respect of L/C LC Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Revolving Loan or on any L/C LC Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Ratification and Amendment Agreement (Cenveo, Inc), Credit Agreement (Cenveo, Inc), Credit Agreement (Cenveo, Inc)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (C&J Energy Services Ltd.), Credit Agreement (C&J Energy Services Ltd.), Credit Agreement (C&J Energy Services Ltd.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any commitment or other fee due hereunder, or (iii) pay within with five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.)
Non-Payment. The Borrower DeVry or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C ObligationsObligation, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any commitment or other fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Devry Education Group Inc.), Credit Agreement (Devry Inc), Credit Agreement (Devry Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of of, or interest on, any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Citi Trends Inc), Credit Agreement (Citi Trends Inc), Credit Agreement (Citi Trends Inc)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation amount required to be paid and/or Cash Collateralized pursuant to Section 2.05(b)(x) or deposit any funds as Cash Collateral in respect of L/C ObligationsSection 2.05(b)(v), or (ii) pay within three five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, any L/C Obligation or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under with respect to any other Loan Document; or
Appears in 3 contracts
Samples: First Lien Credit Agreement (Evoqua Water Technologies Corp.), First Lien Credit Agreement (Evoqua Water Technologies Corp.), First Lien Credit Agreement (Evoqua Water Technologies Corp.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Zeta Global Holdings Corp.), Credit Agreement (Zeta Global Holdings Corp.), Credit Agreement (Zeta Global Holdings Corp.)
Non-Payment. The Borrower or any other Any Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (TrueBlue, Inc.), Credit Agreement (Enfusion, Inc.), Credit Agreement (KnowBe4, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Secured Superpriority Debtor in Possession Credit Agreement (Monitronics International Inc), Credit Agreement (Ascent Capital Group, Inc.), Credit Agreement (Ascent Capital Group, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation reimbursement obligation in respect of any Letter of Credit or deposit any funds as Cash Collateral cash collateral in respect of L/C Obligationsany LC Exposure, or (ii) pay within three Business Days five (5) days after the same becomes due, any interest on any Loan or on any L/C ObligationLC Exposure, or any fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Paycom Software, Inc.), Credit Agreement (Paycom Software, Inc.), Credit Agreement (Paycom Software, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee within two (2) Business Days after the date when due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocument within five (5) Business Days after the date when due hereunder; or
Appears in 3 contracts
Samples: Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Dicks Sporting Goods Inc)
Non-Payment. The Borrower or any other Any Loan Party fails to (i) pay when and as required to be paid hereinthe principal of, any amount of principal of or premium on, any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C ObligationsObligations when due (whether at stated maturity, on demand, upon acceleration or otherwise); or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, Obligation or any fee or other amount due hereunder, or hereunder within two (iii2) pay within five Business Days after the same becomes date due, any other amount payable hereunder or under any other Loan Document; or;
Appears in 3 contracts
Samples: Credit Agreement (Sanmina Corp), Credit Agreement (Sanmina Corp), Credit Agreement (Sanmina Corp)
Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C ObligationsObligations when and as required to be paid, or (ii) pay within three Business Days after the same becomes dueany interest, any interest on any Loan fee or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document, in each case within five Business Days after any such interest or other amount becomes due; or
Appears in 3 contracts
Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Apparel Holding Corp.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) to pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Restoration Hardware Holdings Inc), Credit Agreement (Restoration Hardware Holdings Inc), Credit Agreement (Restoration Hardware Holdings Inc)
Non-Payment. The Borrower Company or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, Obligations or (ii) pay within three Business Days five days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Abl Credit Agreement (Ciena Corp), Abl Credit Agreement (Ciena Corp), Abl Credit Agreement
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Health Management Associates Inc), Credit Agreement (Health Management Associates Inc), Credit Agreement (Health Management Associates Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Monotype Imaging Holdings Inc.), Credit Agreement (Andeavor Logistics Lp), Credit Agreement (Plantronics Inc /Ca/)
Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Radiant Logistics, Inc), Credit Agreement (Movado Group Inc), Credit Agreement (Movado Group Inc)
Non-Payment. The Either Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (CrossAmerica Partners LP), Credit Agreement, Credit Agreement (CrossAmerica Partners LP)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days seven days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)
Non-Payment. The Any Borrower or any other Loan Party fails to pay, in the currency required hereunder, (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days 5 days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Amendment No. 2 and Reaffirmation of Collateral Documents (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc)
Non-Payment. The Either Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (International Money Express, Inc.), First Lien Credit Agreement (Prospect Medical Holdings Inc)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of or interest on any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days two (2) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Samples: Credit Agreement (Akumin Inc.), Loan Agreement (Akumin Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Samples: Credit Agreement (Nu Skin Enterprises, Inc.), Credit Agreement (Nu Skin Enterprises Inc)
Non-Payment. The Borrower Borrowers or any other Loan Party fails fail to pay (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Samples: Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any commitment or other fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Samples: Credit Agreement (Team Inc), Credit Agreement (Team Inc)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, or in any L/C Document, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral Obligation, and in respect of L/C Obligationsthe currency required hereunder, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C ObligationLoan, or any Commitment Fee, Letter of Credit Fee or other fee due hereunder, or (iii) pay within five Business Days three days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Samples: Credit Agreement (Copart Inc), Credit Agreement (Copart Inc)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid hereinpaid, (i) any amount of principal of of, any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes is due, any amount of interest due on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Samples: Credit Agreement (Sears Hometown & Outlet Stores, Inc.), Credit Agreement (Sears Hometown & Outlet Stores, Inc.)
Non-Payment. The Borrower Company or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Samples: Credit Agreement (Ufp Technologies Inc), Credit Agreement (Ufp Technologies Inc)
Non-Payment. The Borrower or any other Loan Party fails fail to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Samples: Abl Credit Agreement (U.S. Well Services, Inc.), Abl Credit Agreement (U.S. Well Services, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit when and as required to be deposited herein, any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Samples: Credit Agreement (Carriage Services Inc), Credit Agreement (Carriage Services Inc)
Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral reimbursement obligation in respect of L/C Obligationsany LC Disbursement (except to the extent expected to be reimbursed with the making of Revolving Loans pursuant to Section 2.04(e)(i)), or (ii) pay within three ten Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under with respect to any other Loan Document; or
Appears in 2 contracts
Samples: Credit Agreement (Vestis Corp), Credit Agreement (Vestis Corp)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan Loan, or any L/C Obligation or reimbursement obligation in respect of any Letter of Credit Disbursement, (ii) deposit any funds as Cash Collateral in respect of L/C Obligationsas and when required, or (iiiii) pay within three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under with respect to any other Loan Document; or
Appears in 2 contracts
Samples: Credit Agreement (Books a Million Inc), Credit Agreement (Books a Million Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal or premium of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Samples: Credit Agreement (Brocade Communications Systems Inc), Credit Agreement (Commscope Inc)
Non-Payment. The Borrower or any other Any Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or LC Obligation, (ii) deposit when and as required to be deposited herein, any funds as Cash Collateral in respect of L/C LC Obligations, or (iiiii) pay within three Business Days days after the same becomes due, any interest on any Loan or on any L/C LC Obligation, or any fee due hereunder, hereunder or (iiiiv) pay within five Business Days days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or.
Appears in 2 contracts
Samples: Credit Agreement (Nobilis Health Corp.), Credit Agreement (Nobilis Health Corp.)
