Common use of Non-Payment Clause in Contracts

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 14 contracts

Sources: Credit Agreement (Telephone & Data Systems Inc /De/), Senior Secured Credit Agreement (Telephone & Data Systems Inc /De/), Senior Term Loan Credit Agreement (United States Cellular Corp)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 13 contracts

Sources: Credit Agreement (RedHill Biopharma Ltd.), Credit Agreement (Coherus BioSciences, Inc.), Credit Agreement (Entravision Communications Corp)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three ten (310) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 13 contracts

Sources: Credit Agreement, Incremental Amendment (Aramark), Incremental Amendment (Aramark)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereinpaid, any amount of principal of any Loan, or (ii) within three (3) Business Days after the same becomes dueof any due date therefor, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 12 contracts

Sources: Credit Agreement (Sequential Brands Group, Inc.), First Lien Credit Agreement (Sequential Brands Group, Inc.), Credit Agreement (Sequential Brands Group, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Term Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, Term Loan or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 11 contracts

Sources: First Lien Credit Agreement (GMS Inc.), Amendment No. 6 (GMS Inc.), First Lien Credit Agreement (GMS Inc.)

Non-Payment. The Parent Borrower or any other Loan Credit Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any B/A or any amount of principal of any L/C Obligation, or (ii) within three (3) Business Days after the same becomes duedue or required to be paid herein, any interest on any Loan, Loan or any B/A or any regularly accruing fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Credit Document; or

Appears in 9 contracts

Sources: Credit Agreement (Live Nation Entertainment, Inc.), Credit Agreement (Live Nation Entertainment, Inc.), Credit Agreement (Live Nation Entertainment, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Term Loan, or (ii) within three (3) Business Days after the same becomes dueany interest, any interest on any Loan, or any fee due hereunder, or 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 9 contracts

Sources: 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 pay (i) when and as required to be paid hereindue, any amount of principal of any LoanLoan or any L/C Borrowing, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 7 contracts

Sources: Credit Agreement (Fogo De Chao, Inc.), Credit Agreement (Quintiles Transnational Holdings Inc.), First Lien Credit Agreement (Fogo De Chao, Inc.)

Non-Payment. The Borrower or Borrower, any other Loan Party or other Guarantor fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 6 contracts

Sources: Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Term Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Term Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 5 contracts

Sources: Credit Agreement (Clean Harbors Inc), Incremental Facility Amendment (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereinpaid, any amount of principal of any Loan, or (ii) within three (3) Business Days days after the same becomes is due, any amount of interest due on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 5 contracts

Sources: Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Galaxy Gaming, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 5 contracts

Sources: Credit Agreement (Bright Horizons Family Solutions Inc.), Credit Agreement (Bright Horizons Family Solutions Inc.), Credit Agreement (Bright Horizons Family Solutions Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 5 contracts

Sources: Term Loan Credit and Guarantee Agreement (RDA Holding Co.), Unsecured Term Loan Credit and Guarantee Agreement (RDA Holding Co.), Revolving Credit and Guarantee Agreement (RDA Holding Co.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days days after the same becomes due, any interest on any Loan, or any fee due hereunder, hereunder or any other amount payable hereunder or any amount payable under any other Loan Document; or

Appears in 5 contracts

Sources: Credit Agreement (NantHealth, Inc.), Credit Agreement (Teligent, Inc.), Credit Agreement (Inseego Corp.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) five Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 5 contracts

Sources: Second Amendment Agreement (Teledyne Technologies Inc), Second Amendment Agreement (Teledyne Technologies Inc), Loan Agreement (Teledyne Technologies Inc)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, Loan or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 5 contracts

Sources: Credit Agreement (Zekelman Industries, Inc.), Second Lien Credit Agreement (Syniverse Holdings Inc), Credit Agreement (Cooper-Standard Holdings Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, : (i) any amount of principal of any Loan, or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunderwhich failure continues for three (3) Business Days, or (iii) any other amount payable hereunder or under any other Loan Document, which failure continues for five (5) Business Days; or

Appears in 5 contracts

Sources: Term Loan Agreement (Quiksilver Inc), Credit Agreement (Quiksilver Inc), Credit Agreement (Quiksilver Inc)

Non-Payment. The Borrower or any other Loan Party fails to pay (ia) when and as required to be paid herein, any amount of principal of any Loan, or (iib) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 4 contracts

Sources: Credit Agreement (Impax Laboratories Inc), Credit Agreement (Impax Laboratories Inc), Credit Agreement (Press Ganey Holdings, Inc.)

Non-Payment. The Borrower or any other Loan Credit Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any amount of principal of any L/C Obligation, or (ii) within three (3) Business Days after the same becomes duedue or required to be paid herein, any interest on any Loan, Loan or any regularly accruing fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Credit Document; or

Appears in 4 contracts

Sources: Credit Agreement (Live Nation, Inc.), Credit Agreement (Ticketmaster Entertainment, Inc.), Credit Agreement (Ticketmaster)

Non-Payment. The Any Borrower or (any other Loan Party Party, as applicable) fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan, or (ii) within three five (35) Business Days days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 4 contracts

Sources: Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Cboe Global Markets, Inc.)

Non-Payment. The Holdings, a 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 LoanLoan or Reimbursement Obligation, or (ii) pay within three (3) Business Days days after the same becomes due, any interest on any Loan, Loan or any Reimbursement 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

Sources: Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.)

Non-Payment. The Borrower or Any Borrower, any other Loan Party or other Guarantor fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 4 contracts

Sources: Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.)

Non-Payment. The Any Borrower or any other Loan Credit Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Credit Document; or

Appears in 4 contracts

Sources: Credit Agreement (Education Management Corporation), Credit and Guaranty Agreement (AID Restaurant, Inc.), Credit and Guaranty Agreement (Education Management LLC)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or any Unreimbursed Amount (to the extent that such Unreimbursed Amount has not been refinanced by a Revolving Credit Borrowing in accordance with Section 2.03(c)) or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 4 contracts

Sources: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereindue, any amount of principal of any LoanLoan or any L/C Borrowing, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 4 contracts

Sources: Credit Agreement (Warner Chilcott PLC), Credit Agreement (Warner Chilcott PLC), Credit Agreement (Warner Chilcott PLC)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 3 contracts

Sources: Credit Agreement (LEM America, Inc), Credit Agreement (Sungard Data Systems Inc), Credit Agreement (UGS PLM Solutions Asia/Pacific INC)

Non-Payment. The Parent Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereindue, any amount of principal of any LoanLoan or any L/C Borrowing, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 3 contracts

Sources: Credit Agreement (Campbell Alliance Group Inc), Credit Agreement (Campbell Alliance Group Inc), Credit Agreement (Campbell Alliance Group Inc)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days five days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Sources: Credit Agreement (Unitil Corp), Credit Agreement (Unitil Corp), Credit Agreement

Non-Payment. The Borrower Borrowers or any other Loan Party fails to pay pay, in the currency required hereunder, (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 3 contracts

Sources: Credit Agreement (Signet Jewelers LTD), Credit Agreement (Signet Jewelers LTD), Credit Agreement (Signet Jewelers LTD)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan DocumentDocument or (iii) when and as required to be paid herein, any amount required to be prepaid and/or Cash Collateralized pursuant to the second sentence of Section 2.05(b)(v); or

Appears in 3 contracts

Sources: Credit Agreement (Sungard Capital Corp Ii), Credit Agreement (Sungard Capital Corp Ii), Credit Agreement (GL Trade Overseas, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any L/C Obligation, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Sources: Credit Agreement (Safehold Inc.), Credit Agreement (Safety, Income & Growth, Inc.), Credit Agreement (Safety, Income & Growth, 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, Loan or any L/C Obligation or (ii) pay within three (3) 3 Business Days after the same becomes due, any interest on any LoanLoan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Sources: Asset Based Revolving Credit Agreement (Vista Outdoor Inc.), Asset Based Revolving Credit Agreement (Vista Outdoor Inc.), Asset Based Revolving Credit Agreement (Vista Outdoor Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereindue, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 3 contracts

Sources: Second Lien Credit Agreement (Fogo De Chao, Inc.), Credit Agreement (Refco Inc.), Credit Agreement (Refco Information Services, LLC)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any L/C Obligation, or (ii) within three (3) Business Days after the same becomes due, any interest on any LoanLoan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Sources: Credit and Guaranty Agreement (Reliant Energy Inc), Credit and Guaranty Agreement (Reliant Energy Inc), Credit and Guaranty Agreement (Reliant Energy Inc)

Non-Payment. The Borrower or any other Loan Credit Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any amount of principal of any L/C Obligation, or (ii) within three five (35) Business Days after the same becomes duedue or required to be paid herein, any interest on any Loan, Loan or any regularly accruing fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Credit Document; or

Appears in 3 contracts

Sources: Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days after the same becomes due, any interest on any Term Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Sources: Credit Agreement, Credit Agreement (Alnylam Pharmaceuticals, Inc.), Credit Agreement (Alnylam Pharmaceuticals, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan (including any prepayment or repayment premium or exit fee due in connection with such principal amount), or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Sources: Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Cti Biopharma Corp)

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 (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan, or any premium (including, without limitation, any Prepayment Premium), any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Second Lien Term Loan Credit Agreement (Nabors Industries LTD), Term Loan Credit Agreement (Parker Drilling Co /De/)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) five Business Days after the same becomes due, any interest on any Loan, or any ticking fee or other fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Teledyne Technologies Inc), Credit Agreement

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days days after the same becomes due, any interest on any Loan, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Colony Financial, Inc.), Credit Agreement (Colony Financial, Inc.)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) five Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Asset Based Revolving Credit Agreement (Contura Energy, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.)

Non-Payment. The Borrower or any other Loan Credit Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days days after the same becomes due, any interest on any Loan, any commitment or any other fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Credit Document; or

Appears in 2 contracts

Sources: Credit Agreement (Wells Real Estate Investment Trust Ii Inc), Credit Agreement (Wells Real Estate Investment Trust Ii Inc)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any reimbursement obligation in respect of any LC Disbursement, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or;

Appears in 2 contracts

Sources: Revolving Credit Agreement (Postmedia Network Canada Corp.), Revolving Credit Agreement (Postmedia Network Canada Corp.)

Non-Payment. The Borrower Borrowers 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 reimbursement obligation in respect of any Letter of Credit Disbursement, (ii) deposit any funds as Cash Collateral as and when required, or (iii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Books a Million Inc), Credit Agreement (Books a Million Inc)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal Principal of any LoanNotes, or (ii) within three five (35) Business Days days after the same becomes due, any interest on any LoanNotes, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Subordination Agreement (General Finance CORP), Subordination Agreement (General Finance CORP)

Non-Payment. The Borrower or any other Loan Party fails to pay (when and as required to be paid herein) (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or;

Appears in 2 contracts

Sources: Credit Agreement (Verenium Corp), Credit Agreement (Verenium Corp)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Buenaventura Mining Co Inc), Credit and Guaranty Agreement (Reliant Energy Inc)

Non-Payment. The A Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, Loan or on any L/C Obligation or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: First Lien Credit Agreement (Traeger, Inc.), First Lien Credit Agreement (TGPX Holdings I LLC)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within three (3) Business Days after the same becomes dueany L/C Obligation, any interest on any LoanLoan or on any L/C Obligation, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan DocumentDocument upon the earlier to occur of (i) within five (5) days of when and as required to be paid herein, or (ii) the Maturity Date; or

Appears in 2 contracts

Sources: Credit Agreement (Ats Corp), Credit Agreement (Ats Corp)

Non-Payment. The Borrower or any other Loan Credit Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any L/C Obligation, or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, Loan or any regularly accruing fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Credit Document; or

Appears in 2 contracts

Sources: Credit Agreement (Interval Leisure Group, Inc.), Credit Agreement (HSN, Inc.)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Asset Based Revolving Credit Agreement (Alpha Metallurgical Resources, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan, Loan or (ii) within three (3) Business Days five days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Revolving Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount (including Cash Collateral) payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Readers Digest Association Inc), Credit Agreement (Direct Holdings Libraries Inc.)

Non-Payment. The Borrower or any other Loan Party Party, fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, Loan or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Syniverse Holdings Inc), Credit Agreement (Syniverse Holdings Inc)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, any Reimbursement Obligation, or (ii) within three (3) Business Days business days after the same becomes shall become due, any interest on any Loaninterest, or any fee due hereunder, or any other amount payable hereunder or under pursuant to any other Loan Document; orDocument to which such Borrower is a party;

Appears in 2 contracts

Sources: Credit Agreement (Brinks Co), Credit Agreement (Brinks Co)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, Loan or on any L/C Obligation or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: First Lien Credit Agreement (TGPX Holdings I LLC), First Lien Credit Agreement (TGPX Holdings I LLC)

Non-Payment. The Borrower or any other Any Loan Party or Special Guarantor fails to pay (i) when and as required to be paid herein, any amount of principal of any Term Loan, or (ii) within three (3) Business Days days after the same becomes due, any interest on any Term Loan, any commitment or any other fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Bridge Credit Agreement (American Financial Realty Trust), Bridge Credit Agreement (American Financial Realty Trust)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any L/C Obligation, or (ii) within three (3) Business Days after the same becomes due, any interest on any LoanLoan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Stewart Enterprises Inc), Credit Agreement (Stewart Enterprises Inc)

Non-Payment. The Borrower Borrowers 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 reimbursement obligation in respect of any Letter of Credit Disbursement, (ii) deposit any funds as Cash Collateral as and when required, or (iii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Revolve Group, Inc.), Credit Agreement (Advance Holdings, LLC)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when due and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) five Business Days after the same becomes duedue and payable, any interest on any Loan, or any fee due hereunderhereunder or under any other Loan Document, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: Subordination Agreement (KLDiscovery Inc.), Subordination Agreement (KLDiscovery Inc.)

Non-Payment. The Parent 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 or (ii) pay within three (3) 3 Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Term Loan Credit Agreement (Vista Outdoor Inc.), Term Loan Credit Agreement (Vista Outdoor Inc.)

Non-Payment. The Borrower Borrowers or any other Loan Party fails to pay (i) when and as required to be paid herein, (i) any amount of principal of any Loanthe Term Loans, or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loanthe Term Loans, or any fee due hereunder, or (iii) any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Term Loan Credit Agreement (Destination Maternity Corp), Term Loan Credit Agreement (Destination Maternity Corp)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when due and as required to be paid hereinpayable, any amount of principal of any Loan, or (ii) within three (3) five Business Days after the same becomes duedue and payable, any interest on any Loan, or any fee due hereunderhereunder pursuant to Section 2.09, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Term Loan Agreement (EnLink Midstream Partners, LP), Term Loan Agreement (EnLink Midstream, LLC)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) five Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Contura Energy, Inc.), Credit Agreement (Contura Energy, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when due and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes duedue and payable, any interest on any LoanLoan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (EngageSmart, Inc.), Revolving Credit Agreement (EngageSmart, Inc.)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document, or (iii) when and as required to be paid herein, any amount required to be prepaid and/or Cash Collateralized pursuant to the second sentence of Section 2.05(b)(v); or

Appears in 2 contracts

Sources: Second Refinancing and Incremental Amendment (Sungard Capital Corp Ii), Credit Agreement (Sungard Data Systems 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 (ii) pay within three (3) five Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Term Loan Credit Agreement (Seventy Seven Energy Inc.), Term Loan Credit Agreement (Chesapeake Oilfield Operating LLC)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days days after the same becomes due, any interest on any Loan, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Cogdell Spencer Inc.), Credit Agreement (RigNet, Inc.)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan, or (ii) within three (3) five Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (APP Pharmaceuticals, Inc.), Credit Agreement (Hawker Beechcraft Quality Support Co)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan or Unreimbursed Amount, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Nortek Inc), Credit Agreement (Nortek Inc)

Non-Payment. The Borrower Borrowers or any other Loan Party fails to pay (i) when and as required to be paid hereinpaid, (i) any amount of principal of of, any Term Loan, or (ii) within three (3) Business Days days after the same becomes is due, any amount of interest due on any Term Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Term Loan Credit Agreement (Sears Hometown & Outlet Stores, Inc.), Term Loan Credit Agreement

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) five Business Days after the same becomes due, any interest on any Loan, or any commitment or other fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Revolving Credit Agreement (Keystone Automotive Operations Inc), Term Credit Agreement (Keystone Automotive Operations Inc)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any L/C Obligation, or (ii) within three (3) Business Days after the same becomes due, any interest on any LoanLoan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Documenthereunder; or

Appears in 2 contracts

Sources: Credit Agreement (Southwest Water Co), Credit Agreement (Southwest Water 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, Loan or (ii) pay within three (3) Business Days days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Callaway Golf Co), Credit Agreement (Callaway Golf Co)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or any Unreimbursed Amount (to the extent that such Unreimbursed Amount has not been refinanced by a Revolving Credit Borrowing in accordance with Section 2.03(c)) or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days five days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

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

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any the Loan, or (ii) within three (3) Business Days after the same becomes due, any interest on any the Loan, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Sources: Debtor in Possession Credit and Security Agreement (Ata Holdings Corp), Debtor in Possession Credit and Security Agreement

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan when due, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, Loan or on any L/C Obligation or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Sources: First Lien Credit Agreement (Keyw Holding Corp), Credit Agreement (Keyw Holding Corp)

Non-Payment. The Borrower Company or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal Principal of any LoanNotes, or (ii) within three two (32) Business Days days after the same becomes due, any interest on any LoanNotes, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Investment Agreement (Minrad International, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, herein any amount of principal of any Loan, Loan or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Credit Agreement (Syncardia Systems Inc)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan, or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, Loan or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; orany

Appears in 1 contract

Sources: Credit Agreement (Danaher Corp /De/)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Credit Agreement (PureCycle Technologies, Inc.)

Non-Payment. The Borrower or any other Loan Party (as applicable) fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days five days after the same becomes due, any interest on any Loan, Loan or any fee due hereunder, or any other amount payable due hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Term Loan Agreement (Gilead Sciences Inc)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Term Loan or (ii) within three (3) Business Days after the same becomes due, any interest on any Term Loan, or any commitment or other fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Second Lien Credit Agreement (Solo Cup CO)

Non-Payment. The Borrower Borrowers or any other Loan Party fails fail to pay (i) when and as required to be paid herein, any amount of principal of or interest on any Loan, or (ii) any L/C Obligation or any fee due hereunder, or within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or notice from Administrative Agent for any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Credit Agreement (EnerJex Resources, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereinpaid, (i) any amount of principal of any the Loan, or (ii) within three (3) Business Days after the same becomes dueany interest, any interest on any Loan, fee or any fee due hereunder, or any other amount payable hereunder or under any other Loan Documenthereunder, which failure continues for five (5) days; oror‌

Appears in 1 contract

Sources: Unsecured Term Loan Agreement

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunderhereunder (other than legal or other non-recurring fees for which the Borrower or such Loan Party, as applicable, has not received an invoice), or any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Credit Agreement (Altera Corp)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereinherein or in any other Loan Document, any amount of principal of any LoanLoan or any L/C Obligation, or (ii) within three (3) Business Days five days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Credit Agreement (Alexander & Baldwin, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Term Loan, or (ii) within three (3) Business Days five days after the same becomes due, any interest on any Loan, Term Loan or any fee due hereunder, or any other amount payable due hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Credit Agreement (Ferrellgas Partners Finance Corp)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any scheduled payment amount of principal of any under the Loan, or (ii) within three five (35) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Loan and Security Agreement (Attis Industries 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, Loan or (ii) pay within three (3) 3 Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Term Loan Credit Agreement (Vista Outdoor Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan when due, or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, Loan or on any L/C Obligation or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 1 contract

Sources: Credit Agreement (DHX Media Ltd.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal and/or interest of any LoanLoan or any L/C Obligation, or (ii) within three (3) Business Days five days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Credit Agreement (Dividend Capital Total Realty Trust Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoans, or (ii) within three (3) Business Days after the same becomes due, any interest on any LoanLoans, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan DocumentDocument or, if the Agent fails to send out a correct notice of the amount due, two (2) Business Days after Borrower's receipt of a correct notice; or

Appears in 1 contract

Sources: Credit Agreement (Telos Corp)

Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) when 128 and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 1 contract

Sources: Credit Agreement (Sally Beauty Holdings, Inc.)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three thirty (330) Business Days days after the same becomes due, any interest on any Loan, or any fee due hereunder, Loan or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 1 contract

Sources: Credit Agreement (Targa Resources Investments Inc.)

Non-Payment. The Borrower or any other Loan Party (i) fails to pay (i) when and as required to be paid herein, herein (A) any amount of principal of the Loan, or (B) any interest on the Loan, or (ii) fails to pay within three ten (310) Business Days after the same becomes due, any interest on any Loan, or due (A) any fee due hereunderhereunder or in any Loan Document or, or (B) any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Sources: Credit Agreement (LEE ENTERPRISES, Inc)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid hereinherein (including as specified in any Prepayment Notice), any amount of principal of any Loan, Loan or (ii) pay within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or.

Appears in 1 contract

Sources: Credit Agreement (Masonite International Corp)

Non-Payment. The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within three (3) five Business Days after the same becomes due, any interest on any Loan, Loan or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; oror (

Appears in 1 contract

Sources: Eighth Amendment to Credit Agreement (INNOVATE Corp.)