Common use of Non-Payment Clause in Contracts

Non-Payment. 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 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 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)

AutoNDA by SimpleDocs

Non-Payment. Any 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 days 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 days 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. Any 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 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 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 (McGrath Rentcorp), Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust)

Non-Payment. Any 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) 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) 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.), Credit Agreement (Bojangles', Inc.), Credit Agreement (Bojangles', Inc.)

Non-Payment. Any 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 days (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 days (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. 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 (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 days 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 days 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. 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 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 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. Any 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 ObligationsObligation, or (ii) pay within three days 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 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 (WEX Inc.), Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.)

Non-Payment. 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 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 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), Syndicated Facility Agreement (Aecom)

Non-Payment. 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 (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 (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. Any 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 ObligationsObligation, or (ii) pay within three days 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 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 (Herbalife Ltd.), Credit Agreement (Wiley John & Sons, Inc.), Credit Agreement (Herbalife Ltd.)

Non-Payment. Any 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 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 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 Logistics LP), Revolving Credit Agreement (PBF Energy Co LLC), Revolving Credit Agreement (PBF Logistics LP)

Non-Payment. Any 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 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 days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 6 contracts

Samples: Security and Pledge Agreement (Sylvamo Corp), Credit Agreement (Sylvamo Corp), Credit Agreement (Kbr, Inc.)

Non-Payment. Any Borrower The 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 (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 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. Any 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 ObligationsObligation, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iiiii) pay within five days three Business Days after the same becomes due, any fee due hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 6 contracts

Samples: Credit Agreement (Equinix Inc), Credit Agreement (Equinix Inc), Credit Agreement (Equinix Inc)

Non-Payment. Any 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 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 days after the same becomes due, any other amount payable hereunder or under any other Loan Document; oror (b)

Appears in 6 contracts

Samples: Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp)

Non-Payment. 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 ObligationsBorrowing, or (ii) pay within three days 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 days after the same becomes dueany Loan Party fails to or deposit any funds as Cash Collateral in respect of L/C Obligations, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 6 contracts

Samples: Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Mission Broadcasting Inc), Credit Agreement (Nexstar Broadcasting Group Inc)

Non-Payment. Any 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 days 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 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 (Valvoline Inc), Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Global Holdings Inc)

Non-Payment. Any 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 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 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), Securities Purchase Agreement (NOODLES & Co)

Non-Payment. Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, and in any currency hereunder, 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 days 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 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 (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.)

Non-Payment. Any 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 ObligationsObligation, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, any commitment fee or any other fee due hereunder, or (iii) pay within five 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 (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)

Non-Payment. Any 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 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 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. Any 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 ObligationsObligation, or (ii) pay within three 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 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 (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)

Non-Payment. Any 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 days (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 (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 (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.)

Non-Payment. Any Borrower The 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 (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 (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. 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 days 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 days 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. Any 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 days 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 days 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. Any 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 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 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.), Security Agreement (Foot Locker, Inc.)

Non-Payment. 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 days 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 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. Any 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 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 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), Credit Agreement (Targa Resources Partners LP), Credit Agreement (Targa Resources Partners LP)

Non-Payment. Any 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 ObligationsC-BA Obligation, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C C-BA Obligation, or any fee due hereunder, or (iii) pay within five 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 (SunEdison Semiconductor LTD), Credit Agreement (Sunedison, Inc.), Credit Agreement (SunEdison Semiconductor LTD)

Non-Payment. 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 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 days 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. Any 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) 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) 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. Any 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 days 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 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. Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid hereinherein or in any other Loan Document, 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 five 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 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 (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)

Non-Payment. Any 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 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 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. Any 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 Obligationsas and when required hereunder, or (ii) pay within three days 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 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 (Parexel International Corp), Credit Agreement (Parexel International Corp), Credit Agreement (Parexel International Corp)

Non-Payment. 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 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 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. Any 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 days 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 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 (Del Taco Restaurants, Inc.), Credit Agreement (Biomarin Pharmaceutical Inc), Credit Agreement (Biomarin Pharmaceutical Inc)

Non-Payment. Any 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 days 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 days 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. Any 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 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 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. Any Borrower The 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 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 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. Any 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 days 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 days (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. Any 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 days (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 days (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. Any 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 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 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 (Antero Midstream Corp), Option Agreement and Permanent Easement Agreement (Antero Midstream Partners LP), Credit Agreement (Antero Resources Midstream LLC)

Non-Payment. Any Borrower The 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 days (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 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. Any 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 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 two (2) Business Days, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocument which failure continues for two (2) Business Days; or

Appears in 4 contracts

Samples: Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc)

Non-Payment. Any 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 days 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 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. Any 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 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 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 3 contracts

Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)

Non-Payment. Any Borrower The 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 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 days 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. Any Borrower The 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 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 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. Any 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 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 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. 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 days (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 days (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 (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.)

Non-Payment. Any 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 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 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), Security Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc)

Non-Payment. Any Borrower The 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 days 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 days 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 (Ceco Environmental Corp), Credit Agreement (Ceco Environmental Corp), Credit Agreement (Ceco Environmental Corp)

Non-Payment. 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 days 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 days 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. Any Borrower or any other Loan Party fails shall fail to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or L/C Obligation when the same becomes due and payable; or (ii) any 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 days after the same becomes dueObligation, any interest on any Loan or on any L/C Obligation, fees or any fee due hereunder, other amounts payable under this Agreement or (iii) pay any other Loan Document within five days after the same becomes due, any other amount payable hereunder or under any other Loan Documentdue and payable; or

Appears in 3 contracts

Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp)

Non-Payment. Any 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 days 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 days 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. 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 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 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 (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)

Non-Payment. Any 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 (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 (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. 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 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 days 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)

AutoNDA by SimpleDocs

Non-Payment. Any 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 days 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 days 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. Any The Borrower or any other Loan Party fails shall fail to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation when due in accordance with the terms thereof or deposit hereof; or the Borrower or any funds as Cash Collateral in respect of L/C Obligations, or (ii) Loan Party shall fail to pay within three 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 days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or, within five days after any such interest or other amount becomes due in accordance with the terms thereof or hereof;

Appears in 3 contracts

Samples: Credit Agreement (L 3 Communications Corp), Credit Agreement (L 3 Communications Holdings Inc), Credit Agreement (L 3 Communications Holdings Inc)

Non-Payment. Any 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 days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, Obligation or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocument within five Business Days after (x) written request therefor or (y) in the case of reimbursement of expenses, receipt of invoice therefor, or (iv) deposit any funds as Cash Collateral in respect of L/C Obligations when required; or

Appears in 3 contracts

Samples: Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.)

Non-Payment. Any 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 (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 (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. Any 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 days 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 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 (Monitronics International Inc), Credit Agreement (Ascent Capital Group, Inc.), Credit Agreement (Ascent Capital Group, Inc.)

Non-Payment. Any 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 Loan, any L/C Borrowing or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C ObligationsObligation, or (ii) pay within three five days after the same becomes due, any interest on any Loan Loan, on any any L/C Borrowing or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five 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 (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)

Non-Payment. 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 days (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 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 (Amedisys Inc), Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc)

Non-Payment. Any 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 days 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 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. Any 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 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 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. Any 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 days 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 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. Any 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 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 (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. Any 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 days 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 days 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 (Cenveo, Inc), Credit Agreement (Cenveo, Inc), Credit Agreement (Cenveo, Inc)

Non-Payment. 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 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 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. Any 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 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 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. Any 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 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 days after the same becomes due, any other amount payable hereunder or under any other Loan Document; oror (b)

Appears in 3 contracts

Samples: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (F&G Annuities & Life, Inc.), Credit Agreement (Fidelity National Financial, Inc.)

Non-Payment. Any 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 days 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 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. Any 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 days 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 days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Assignment and Assumption (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)

Non-Payment. Any 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 days (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 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 (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc)

Non-Payment. Any 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 days 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 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. Any Borrower The 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 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 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. Any Borrower The 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 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 days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Pledge Agreement (Ciena Corp), Abl Credit Agreement (Ciena Corp), Abl Credit Agreement

Non-Payment. Any 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 days 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 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. Any 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 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 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.), Credit Agreement (Akumin Inc.)

Non-Payment. Any 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 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 days 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. Any Borrower or any other 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 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 days Business Days after the same becomes date due, any other amount payable hereunder or under any other Loan Document; or;

Appears in 2 contracts

Samples: Credit Agreement (Sanmina Corp), Credit Agreement (Sanmina Corp)

Non-Payment. Any 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 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 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. Any The Borrower or any other Loan Party fails to (i) fails to pay when and as required to be paid herein, (A) 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 (iiB) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iiiii) fails to pay within five days three Business Days after the same becomes due, (A) any fee due hereunder or in any Loan Document or, (B) any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Media General Inc), Credit Agreement (Media General Inc)

Non-Payment. Any Borrower 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 or deposit any funds as Cash Collateral in respect of L/C ObligationsObligation, or (ii) pay within three days five Business Days after the same becomes due, any interest on any Loan or on any fee due or other amount payable (or any deposit of funds as Cash Collateral in respect of L/C Obligation, or any fee due hereunder, or (iiiObligations to the extent required by this Agreement) pay within five 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 (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)

Non-Payment. 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, (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 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 (3) Business Days, or (iii) pay within five 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 2 contracts

Samples: And Senior Secured (Quiksilver Inc), Credit Agreement (Quiksilver Inc)

Non-Payment. 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 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 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 (Standex International Corp/De/), Credit Agreement (Prospect Medical Holdings Inc)

Non-Payment. 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 (including Swingline Loans), or any L/C Obligation or deposit any funds as Cash Collateral obligation in respect of L/C Obligationsany Letter of Credit (other than Letter of Credit Fees and Fronting Fees, as to which clause (ii) below shall apply), or (ii) pay within three days five Business Days after the same becomes due, any interest on any Loan (including Swingline Loans) or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five 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 (Michaels Companies, Inc.), Credit Agreement (Michaels Companies, Inc.)

Non-Payment. Any 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 days (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 days (5) 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 (Raven Industries Inc), Credit Agreement (Raven Industries Inc)

Non-Payment. Any 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 Loan, any L/C Obligation Borrowing or deposit any funds as Cash Collateral in respect of L/C ObligationsObligation, or (ii) pay within three five days after the same becomes due, any interest on any Loan Loan, on any L/C Borrowing or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount (excluding, for the avoidance of doubt, any Unreimbursed Amount) payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)

Non-Payment. Any 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 days 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 days 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 (SS&C Technologies Holdings Inc), Credit Agreement (SS&C Technologies Holdings Inc)

Non-Payment. Any Borrower The 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 (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 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. Any Borrower The 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 days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunderhereunder within three (3) Business Days of the date required to be paid herein, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocument within three (3) Business Days of the date required to be paid herein; or

Appears in 2 contracts

Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Credit Agreement (Sportsman's Warehouse Holdings, Inc.)

Non-Payment. Any 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 (other than any funds as Cash Collateral in respect Unreimbursed Amount repaid with the proceeds of L/C ObligationsRevolving Credit Loans made pursuant to Section 2.03(c)(i)), or (ii) pay within three five 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 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 (Urs Corp /New/), Credit Agreement (Urs Corp /New/)

Non-Payment. Any 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 days two 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 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 (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)

Non-Payment. 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 fails to deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three 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 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 (Caci International Inc /De/), Credit Agreement (Caci International Inc /De/)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!