Common use of Remedies for Non-Bankruptcy Defaults Clause in Contracts

Remedies for Non-Bankruptcy Defaults. When any Event of Default, other than an Event of Default described in subsections (j) and (k) of Section 8.1 hereof, has occurred and is continuing, the Agent, if directed by the Required Banks, shall give notice to the Company and take any or all of the following actions: (a) terminate the remaining Commitments and on the date (which may be the date thereof) stated in such notice, (b) declare the principal of and the accrued interest on the Notes and all Reimbursement Obligations to be forthwith due and payable and thereupon the Notes and all Reimbursement Obligations, including both principal and interest, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind, and (c) take any action or exercise any remedy under any of the Loan Documents or exercise any other action, right, power or remedy permitted by law. Any Bank may exercise the right of set-off with regard to any deposit accounts or other accounts maintained by the Company with any of the Banks, and the Company’s indebtedness hereunder shall be satisfied to the extent of any amount set-off against such indebtedness.

Appears in 5 contracts

Samples: Credit Agreement (Sanderson Farms Inc), Credit Agreement (Sanderson Farms Inc), Credit Agreement (Sanderson Farms Inc)

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Remedies for Non-Bankruptcy Defaults. When any Event of Default, other than an Event of Default described in subsections (ji) and (kj) of Section 8.1 hereof, has occurred and is continuing, the Agent, if directed by the Required Banks, shall give notice to the Company and take any or all of the following actions: (a) terminate the remaining Commitments and hereunder on the date (which may be the date thereof) stated in such notice, (b) declare the principal of and the accrued interest on the Notes and all Reimbursement Obligations to be forthwith due and payable and thereupon the Notes and all Reimbursement Obligations, including both principal and interest, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind, and (c) take any action or exercise any remedy under any of the Loan Documents or exercise any other action, right, power or remedy permitted by law. Any Bank may may, without prior notice to the Company, exercise the right of set-set off with regard to any deposit accounts or other accounts or investments maintained by the Company with any such Bank upon the occurrence and continuation of an Event of Default if notice of such Event of Default has been given by the Agent to the Company upon the direction of the Required Banks, and the Company’s indebtedness hereunder shall be satisfied to the extent of any amount set-off against such indebtedness.

Appears in 3 contracts

Samples: Credit Agreement (Empire District Electric Co), Credit Agreement (Empire District Electric Co), Credit Agreement (Empire District Electric Co)

Remedies for Non-Bankruptcy Defaults. When any Event of Default, other than an Event of Default described in subsections (ji) and (kj) of Section 8.1 hereof, has occurred and is continuing, the Agent, if directed by the Required Banks, Bank shall give notice to the Company Borrower and take any or all of the following actions: (ai) terminate the remaining Term Credit Commitments and on the date (which may be the date thereof) stated in such notice, (bii) declare the principal of and the accrued interest on the Notes and all Reimbursement Obligations Note to be forthwith due and payable and thereupon the Notes and all Reimbursement Obligations, Note (including both principal and interest, plus an amount equal to the amount of interest that would have otherwise been paid on the portion of the Note in default through and including August 31, 2005) shall be and become immediately due and payable without further demand, presentment, protest or of notice of any kind, and (ciii) take any action or exercise any remedy under any of the Loan Documents or exercise any other action, right, power or remedy permitted by law. Any The Bank may exercise the right of set-off with regard to any deposit accounts or other accounts maintained by the Company Borrower with any of the BanksBank, and the Company’s Borrower's indebtedness hereunder shall be satisfied to the extent of any amount set-off against such indebtedness.

Appears in 1 contract

Samples: Estate of Dewey K Sanderson Jr

Remedies for Non-Bankruptcy Defaults. When any Event of Default, other than an Event of Default described in subsections (ji) and (kj) of Section 8.1 hereof, has occurred and is continuing, the Agent, if directed by the Required Banks, shall give notice to the Company and take any or all of the following actions: (a) terminate the remaining Revolving Credit Commitments and on the date (which may be the date thereof) stated in such notice, (b) declare the principal of and the accrued interest on the Notes and all Reimbursement Obligations to be forthwith due and payable and thereupon the Notes and all Reimbursement Obligations, including both principal and interest, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind, (c) require that the Company Cash Collateralize outstanding L/C Obligations, and (cd) take any action or exercise any remedy under any of the Loan Documents or exercise any other action, right, power or remedy permitted by law. Any Bank may exercise the right of set-off with regard to any deposit accounts or other accounts maintained by the Company with any of the Banks, and the Company’s indebtedness hereunder shall be satisfied to the extent of any amount set-off against such indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Sanderson Farms Inc)

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Remedies for Non-Bankruptcy Defaults. When any Event of Default, other than an Event of Default described in subsections (ji) and (kj) of Section 8.1 hereof, has occurred and is continuing, the Agent, if directed by the Required Banks, shall give notice to the Company and take any or all of the following actions: (a) terminate the remaining Commitments and on the date (which may be the date thereof) stated in such notice, (b) declare the principal of and the accrued interest on the Notes and all Reimbursement Obligations to be forthwith due and payable and thereupon the Notes and all Reimbursement Obligations, including both principal and interest, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind, (c) require that the Company Cash Collateralize outstanding L/C Obligations, and (cd) take any action or exercise any remedy under any of the Loan Documents or exercise any other action, right, power or remedy permitted by law. Any Bank may exercise the right of set-off with regard to any deposit accounts or other accounts maintained by the Company with any of the Banks, and the Company’s indebtedness hereunder shall be satisfied to the extent of any amount set-off against such indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Sanderson Farms Inc)

Remedies for Non-Bankruptcy Defaults. When any Event of Default, other than an Event of Default described in subsections (j) and (k) of Section 8.1 hereof, has occurred and is continuing, the Agent, if directed by the Required Banks, shall give notice to the Company and take any or all of the following actions: (a) terminate the remaining Commitments and on the date (which may be the date thereof) stated in such notice, (b) declare the principal of and the accrued interest on the Notes and all Reimbursement Obligations to be forthwith due and payable and thereupon the Notes and all Reimbursement Obligations, including both principal and interest, shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind, and (c) take any action or exercise any remedy under any of the Loan Documents or exercise any other action, right, power or remedy permitted by law. Any Bank may exercise the right of set-off with regard to any deposit accounts or other accounts maintained by the Company with any of the Banks, and the Company’s 's indebtedness hereunder shall be satisfied to the extent of any amount set-off against such indebtedness.

Appears in 1 contract

Samples: Sanderson Farms Inc

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