Common use of Occurrence of an Event of Default Clause in Contracts

Occurrence of an Event of Default. Upon the occurrence and during the continuance of an Event of Default, the Agent may, at its option, and shall if so required by the Majority Lenders, by written notice to the Borrower (an “Acceleration Notice”), declare all or any part of the Outstandings and all other Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders under this Agreement (including the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) to be due and payable, whereupon the Total Syndicated Commitment and all Fronting Bank Commitments and any right of the Borrower to any further Borrowing shall terminate and all Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders pursuant to this Agreement (including the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) shall be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived by the Borrower; provided that upon the occurrence of an Event of Default specified in Section 9.1(b) or 9.1(c), the Total Syndicated Commitment and all Fronting Bank Commitments and any right of the Borrower to any further Borrowing shall automatically terminate and all Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders pursuant to this Agreement (including the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) shall be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived by the Borrower. The Borrower shall pay to the Lenders immediately the amount due and payable pursuant to this Section 9.2, failing which the Lenders or any of them may pursue their remedies under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Ovintiv Inc.), Credit Agreement (Ovintiv Inc.)

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Occurrence of an Event of Default. Upon the occurrence and during the continuance of an Event of Default, the Agent may, at its option, and shall if so required by the Majority Lenders, by written notice to the Borrower (an “Acceleration Notice”), declare all or any part of the Outstandings and all other Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders under this Agreement (including the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) to be due and payable, whereupon the Total Syndicated Commitment and Commitment, all Fronting Bank Commitments and all Swing Line Commitments and any right of the Borrower to any further Borrowing shall terminate and all Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders pursuant to this Agreement (including the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) shall be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived by the Borrower; provided that upon the occurrence of an Event of Default specified in Section 9.1(b) or 9.1(c), the Total Syndicated Commitment and Commitment, all Fronting Bank Commitments and all Swing Line Commitments and any right of the Borrower to any further Borrowing shall automatically terminate and all Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders pursuant to this Agreement (including the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) shall be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived by the Borrower. The Borrower shall pay to the Lenders immediately the amount due and payable pursuant to this Section 9.2, failing which the Lenders or any of them may pursue their remedies under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Encana Corp)

Occurrence of an Event of Default. Upon the occurrence and during the continuance If any Stream Entity fails to make any payment when due hereunder (including payment of a Reimbursement Obligation or other GR Obligation) or any LC Event of Default (as defined below) occurs (each, an Event of Default, the Agent may, at its option, and shall if so required by the Majority Lenders, by written notice to the Borrower (an “Acceleration Notice”), and if such Event of Default shall be continuing, the Ares Guarantors may, without notice to or demand upon any Stream Entity, declare this Agreement to be in default and, subject to the Subordination Agreement, the Ares Guarantors shall thereafter have in any jurisdiction in which enforcement thereof is sought, in addition to all other rights and remedies available at law, in equity or otherwise, the rights and remedies of a secured party under the Uniform Commercial Code of the State of New York or of any jurisdiction in which Collateral is located, including the right to take possession of the Collateral, and for that purpose the Ares Guarantors may, enter upon any premises on which the Collateral may be situated and remove the same therefrom. Subject to the Subordination Agreement, the Ares Guarantors may in their discretion require the Stream Entities to assemble all or any part of the Outstandings and all other Loan Indebtedness (whether matured Collateral at such location or unmaturedlocations within the jurisdiction(s) of the Borrower principal office of the applicable Stream Entity as the Ares Guarantors may designate. Subject to the Lenders under this Agreement Subordination Agreement, unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Ares Guarantors shall give to the Company at least ten (including 10) days’ prior written notice of the amount time and place of all Bankers’ Acceptances and BA Equivalent Loans, as determined by any public sale of Collateral or of the Agent acting reasonably) time after which any private sale or any other intended disposition is to be due made. In connection with the exercise of such rights and payableremedies under or in connection with this Agreement, whereupon each Stream Entity hereby waives presentment, demand, protest or any notice (to the Total Syndicated Commitment maximum extent permitted by Applicable Law) of any kind whatsoever. In addition, each Stream Entity waives any and all Fronting Bank Commitments and any right rights that it may have to a judicial hearing in advance of the Borrower to enforcement of any further Borrowing shall terminate and all Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders pursuant to this Agreement (Ares Guarantors’ rights hereunder, including the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) shall be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived by the Borrower; provided that upon the occurrence of their respective rights following an Event of Default specified in Section 9.1(b) or 9.1(c)Default, the Total Syndicated Commitment and all Fronting Bank Commitments and any right to take immediate possession of the Borrower Collateral and to any further Borrowing shall automatically terminate exercise their respective rights and all Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders pursuant to this Agreement (including the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) shall be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived by the Borrower. The Borrower shall pay to the Lenders immediately the amount due and payable pursuant to this Section 9.2, failing which the Lenders or any of them may pursue their remedies under this Agreementwith respect thereto.

Appears in 1 contract

Samples: Guarantee and Reimbursement Agreement (Stream Global Services, Inc.)

Occurrence of an Event of Default. Upon the occurrence and during the continuance of an Event of Default, the Agent may, at its option, and shall if so required by the Majority Lenders, by written notice to the Borrower (an "Acceleration Notice"), declare all or any part of the Outstandings and all other Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders under this Agreement (including the amount of all Bankers' Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) to be due and payable, whereupon the Total Syndicated Commitment and all Fronting Bank Commitments and any right of the Borrower to any further Borrowing shall terminate and all Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders pursuant to this Agreement (including the amount of all Bankers' Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) shall be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived by the Borrower; provided that upon the occurrence of an Event of Default specified in Section 9.1(b) or 9.1(c), the Total Syndicated Commitment and all Fronting Bank Commitments and any right of the Borrower to any further Borrowing shall automatically terminate and all Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders pursuant to this Agreement (including the amount of all Bankers' Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) shall be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived by the Borrower. The Borrower shall pay to the Lenders immediately the amount due and payable pursuant to this Section 9.2, failing which the Lenders or any of them may pursue their remedies under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Ovintiv Inc.)

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Occurrence of an Event of Default. Upon the occurrence and during the continuance of At any time after an Event of DefaultDefault in respect of the Notes or any of them shall have occurred: 12.1.1 the Principal Paying Agent and any Paying Agents shall (where such agents act on behalf of the Issuer), the Agent may, at its option, and shall if so required by notice in writing given by the Majority Lenders, by written notice Trustee to the Borrower Issuer and the Principal Paying Agent: (an “Acceleration Notice”), declare all or any part i) thereafter act as agents of the Outstandings Trustee under the terms of the Trust Deed on the terms mutatis mutandis contained herein (save that the Trustee’s liability under any provisions herein contained for the remuneration and indemnification of such Paying Agents shall be limited to the amount for the time being held by the Trustee on the trusts of the Trust Deed which is available to be applied by the Trustee for such purpose) and thereafter hold all Notes and all other Loan Indebtedness (whether matured or unmatured) sums, documents and records held by them in respect of the Borrower Notes on behalf of the Trustee; and/or (ii) deliver up all Notes and all sums, documents and records held by them in respect of the Notes to the Lenders under this Agreement (including Trustee or as the amount of all Bankers’ Acceptances and BA Equivalent LoansTrustee shall direct in such notice, 12.1.2 the Agent Bank shall, as determined if so required by notice in writing given by the Trustee to the Agent acting reasonablyBank and until such appointment is terminated by the Trustee by notice in writing: (i) thereafter act as Agent Bank of the Trustee in relation to calculations and other related functions to be due and payablemade or performed by, whereupon or on behalf of, the Total Syndicated Commitment and all Fronting Bank Commitments and any right Trustee under the terms of the Borrower to Trust Deed mutatis mutandis on the terms contained herein (save that the Trustee’s liability under any further Borrowing shall terminate provision hereof for the remuneration and all Loan Indebtedness (whether matured or unmatured) indemnification of the Borrower Agent Bank shall be limited to the Lenders pursuant to this Agreement (including amounts for the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined time being held by the Agent acting reasonably) shall Trustee in respect of principal and interest on the Notes on the trusts of the Trust Deed which is available to be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived applied by the Borrower; provided that upon the occurrence of an Event of Default specified in Section 9.1(bTrustee for such purposes) or 9.1(c), the Total Syndicated Commitment and all Fronting Bank Commitments and any right thereafter to hold on behalf of the Borrower to any further Borrowing shall automatically terminate Trustee all documents and records held by it in respect of principal and interest on the Notes; and/or (ii) deliver up all Loan Indebtedness (whether matured or unmatured) documents and records held by it in respect of principal and interest on the Borrower Notes to the Lenders pursuant to this Agreement (including Trustee or as the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) Trustee shall be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived by the Borrower. The Borrower shall pay to the Lenders immediately the amount due and payable pursuant to this Section 9.2, failing which the Lenders or any of them may pursue their remedies under this Agreement.direct in such notice,

Appears in 1 contract

Samples: Paying Agency Agreement

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