Parent Credit Agreement. Notwithstanding anything to the contrary set forth herein, including in Sections 6.01 and 6.04, neither the Borrower nor any of its subsidiaries will become a party to, or otherwise create, incur, assume or permit to exist any Indebtedness (whether as a principal obligor or a guarantor) of the Borrower or any of its subsidiaries under the Existing Parent Term Credit Agreement or the Existing Parent Revolving Credit Agreement.
Parent Credit Agreement. An event of default under and as defined in the Parent Credit Agreement shall have occurred; then, and in any such event, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent, upon the written request of the Required Lenders, shall by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent, any Lender or the holder of any Note to enforce its claims against any Credit Party (provided that, if an Event of Default specified in Section 11.05 shall occur, the result which would occur upon the giving of written notice by the Administrative Agent to the Borrower as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Revolving Loan Commitments terminated, whereupon all Revolving Loan Commitments of each Lender shall forthwith terminate immediately and any Commitment Commission shall forthwith become due and payable without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans and the Notes and all Obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by each Credit Party; and (iii) enforce, as Collateral Agent, all of the Liens and security interests created pursuant to the Security Documents.
Parent Credit Agreement. The Parent Credit Agreement Condition shall have been satisfied.
Parent Credit Agreement. An “Event of Default” under and as defined in the Parent Credit Agreement shall have occurred and be continuing; or
Parent Credit Agreement. Each of the representations and warranties made by the Parent in Sections 6.4, 6.5, 6.7 and 6.13 of the Parent Credit Agreement are true and accurate in all material respects.
Parent Credit Agreement. Parent and Partnership shall have delivered evidence to Sellers’ Representatives that Parent and Partnership have provided notice to the Administrative Agent (as defined in the Parent Credit Agreement) pursuant to Section 9.4 of the Parent Credit Agreement.
Parent Credit Agreement. During the period between July 15, 2010 and the Closing Date, the Parent Credit Agreement has not been altered, amended or otherwise changed or supplemented.
Parent Credit Agreement. The outstanding principal amount of all borrowings under the Parent Credit Agreement as of the date hereof does not exceed $200,400,000.
Parent Credit Agreement. (a) Except as otherwise expressly provided herein, capitalized terms used in this Agreement, not otherwise defined herein and defined in the Parent Credit Agreement shall have the meanings specified in the Parent Credit Agreement. Unless the context otherwise requires, all terms defined in the New York UCC (as defined herein) and not defined in this Agreement have the meanings specified therein; the term “instrument” shall have the meaning specified in Article 9 of the New York UCC.
(b) The rules of construction specified in Section 1.03 of the Parent Credit Agreement also apply to this Agreement.
Parent Credit Agreement. A fully-executed amendment under the Parent Credit Agreement which permits the incurrence of the Indebtedness evidenced by this Agreement.
