Common use of Remedies With Respect to Outstanding Loans Clause in Contracts

Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required Lenders, all loans, advances and extensions of credit provided for in Sections 3 and 5 of this Financing Agreement thereafter shall be made in the Agent’s and the Lenders’ discretion, and the obligation of the Agent and the Lenders to make Revolving Loans, and to assist the Companies in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases shall cease unless such Default is cured to the satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent may, at its option, and the Agent shall, upon the request of the Required Lenders, (a) declare all Obligations immediately due and payable, (b) charge the Companies the Default Rate of Interest on all then outstanding or thereafter incurred Obligations in lieu of the interest provided for in Sections 8.1 of this Financing Agreement, provided that the Agent has given the Companies written notice of such Event of Default if required by Section 8.2, and (c) immediately terminate this Financing Agreement upon notice to the Companies. Notwithstanding the foregoing, (x) the Agent’s and the Lenders’ commitments to make loans, advances and extensions of credit provided for in Sections 3 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders upon the commencement of any proceeding described in clause (ii) of Section 10.1(d), and (y) this Financing Agreement automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the Lenders, upon the commencement of any proceeding described in clause (i) of Section 10.1(d) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the Lenders.

Appears in 2 contracts

Samples: Financing Agreement (G Iii Apparel Group LTD /De/), Financing Agreement (G Iii Apparel Group LTD /De/)

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Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required LendersCIT, all loans, advances and extensions of credit provided for in Sections Section 3 and 5 of this Financing Agreement thereafter shall be made in the AgentCIT’s and the Lenders’ sole discretion, and the obligation of the Agent and the Lenders CIT to make Revolving Loans, and to assist the Companies in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases Loans shall cease unless such Default is cured to the CIT’s satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent CIT may, at its option, and the Agent shall, upon the request of the Required Lenders, option (a) declare all Obligations immediately due and payable, (b) charge the Companies Company the Default Rate of Interest on all then outstanding or thereafter incurred Obligations in lieu of the interest provided for in Sections 8.1 of this Financing Agreement, provided that the Agent CIT has given the Companies Company written notice of such Event of Default if required by Section 8.2, and (c) immediately terminate this Financing Agreement upon notice to the CompaniesCompany. Notwithstanding the foregoing, (x) the AgentCIT’s and the Lenders’ commitments commitment to make loans, advances and extensions of credit provided for in Sections Section 3 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders CIT upon the commencement of any proceeding described in clause (ii) of Section 10.1(d10.1(c), and (y) this Financing Agreement automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the LendersCIT, upon the commencement of any proceeding described in clause (i) of Section 10.1(d10.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d10.1(c). The exercise of any option is not exclusive of any other option that may be exercised at any time by CIT. In the Agent event this Financing Agreement is terminated upon a Default or an Event of Default, the LendersCompany shall be obligated to immediately pay over to CIT the Early Termination Fee.

Appears in 1 contract

Samples: Financing Agreement (Ascendia Brands, Inc.)

Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required LendersCIT, all loans, advances and extensions of credit provided for in Sections 3 3, 4 and 5 of this Financing Agreement thereafter shall be made in the AgentCIT’s and the Lenders’ sole discretion, and the obligation of the Agent and the Lenders CIT to make Revolving Loans, Loans and to assist the Companies Company in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases shall cease unless such Default is cured to the CIT’s satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of DefaultDefault and so long as such Event of Default is continuing, the Agent CIT may, at its option, and the Agent shall, upon the request of the Required Lenders, option (a) declare all Obligations immediately due and payable, (b) charge the Companies Company the Default Rate of Interest on all then outstanding or thereafter incurred Obligations in lieu of the interest provided for in Sections 8.1 of this Financing Agreement, provided that the Agent CIT has given the Companies Company written notice of such Event of Default if required by Section 8.2, and (c) immediately terminate this Financing Agreement upon notice to the CompaniesCompany. Notwithstanding the foregoing, (x) the AgentCIT’s and the Lenders’ commitments commitment to make loans, advances and extensions of credit provided for in Sections 3 3, Financing Agreement — Pizza Inn 4 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders CIT upon the commencement of any proceeding described in clause (ii) of Section 10.1(d10.1(c), and (y) this Financing Agreement automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the LendersCIT, upon the commencement of any proceeding described in clause (i) of Section 10.1(d10.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d10.1(c). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the LendersCIT.

Appears in 1 contract

Samples: Financing Agreement (Pizza Inn Inc /Mo/)

Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required Lenders, all loans, advances and extensions of credit provided for in Sections Section 3 and 5 of this Financing Agreement thereafter shall be made in the Agent’s 's and the Lenders' discretion, and the obligation of the Agent and the Lenders to make Revolving Loans, and to assist the Companies in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases Loans shall cease unless such Default is cured to the satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent may, at its option, and the Agent shall, upon the request of the Required Lenders, (a) declare all Obligations immediately due and payable, (b) charge the Companies Company the Default Rate of Interest on all then outstanding or thereafter incurred Obligations in lieu of the interest provided for in Sections 8.1 Section 6.1 of this Financing Agreement, provided that the Agent has given the Companies Company written notice of such Event of Default if required by Section 8.26.2, and (c) immediately terminate this Financing Agreement upon notice to the CompaniesCompany. Notwithstanding the foregoing, (x) the Agent’s 's and the Lenders' commitments to make loans, advances and extensions of credit provided for in Sections Section 3 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders upon the commencement of any proceeding described in clause (ii) of Section 10.1(d8.1(c), and (y) this Financing Agreement automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the Lenders, upon the commencement of any proceeding described in clause (i) of Section 10.1(d8.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d8.1(c). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the Lenders.

Appears in 1 contract

Samples: Financing Agreement (Werner Holding Co Inc /Pa/)

Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required Lenders, all loans, advances and extensions of credit provided for in Sections 3 and 5 of this Financing Agreement thereafter shall be made in the Agent’s and the Lenders’ discretion, and the obligation of the Agent and the Lenders to make Revolving Loans, and to assist the Companies in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases shall cease unless such Default is cured to the satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent may, at its option, and the Agent shall, upon the request of the Required Lenders, (a) declare all Obligations immediately due and payable, (b) charge the Companies the Default Rate of Interest on all then outstanding or thereafter incurred Obligations in lieu of the interest provided for in Sections 8.1 of this Financing Agreement, provided that the Agent has given the Companies written notice of such Event of Default if required by Section 8.2, and (c) immediately terminate this Financing Agreement upon notice to the Companies. Notwithstanding the foregoing, (x) the Agent’s and the Lenders’ commitments to make loans, advances and extensions of credit provided for in Sections 3 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders upon the commencement of any proceeding described in clause (ii) of Section 10.1(d10.1(c), and (y) this Financing Agreement automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the Lenders, upon the commencement of any proceeding described in clause (i) of Section 10.1(d10.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d10.1(c). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the Lenders.

Appears in 1 contract

Samples: Financing Agreement (Aegis Communications Group Inc)

Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required Lenders, all loans, advances and extensions of credit provided for in Sections 3 3, 4 and 5 of this Financing Agreement thereafter shall be made in the Agent’s and the Lenders’ discretion, and the obligation of the Agent and the Lenders to make Revolving Loans, and to assist the Companies in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases shall cease unless such Default is cured to the satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent may, at its option, and the Agent shall, upon the request of the Required Lenders, (a) declare all Obligations immediately due and payable, (b) charge the Companies the Default Rate of Interest on all then outstanding or thereafter incurred overdue Obligations in lieu of the interest provided for in Sections 8.1 of this Financing Agreement, provided that the Agent has given the Companies written notice of such Event of Default if required by Section 8.2, and (c) immediately terminate the Commitments of the Agent and the Lenders to make loans, advances and extensions of credit provided for in Sections 3, 4 and 5 of this Financing Agreement upon notice to the Companies. Notwithstanding the foregoing, (x) the Agent’s and the Lenders’ commitments Commitments to make loans, advances and extensions of credit provided for in Sections 3 3, 4 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders upon the commencement of any proceeding described in clause (ii) of Section 10.1(d10.1(c), and (y) the Agent’s and the Lenders’ Commitments to make loans, advances and extensions of credit provided for in Sections 3, 4 and 5 of this Financing Agreement automatically shall terminate and all Obligations shall become due and payable immediately immediately, in each case without any declaration, notice or demand by the Agent or the Lenders, upon the commencement of any proceeding described in clause (i) of Section 10.1(d10.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d10.1(c). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the Lenders.

Appears in 1 contract

Samples: Financing Agreement (Under Armour, Inc.)

Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required Lenders, all loans, advances and extensions of credit provided for in Sections 3 3, 4 and 5 of this Financing Agreement thereafter shall be made in the Agent’s 's and the Lenders' discretion, and the obligation of the Agent and the Lenders to make Revolving Loans, and to assist the Companies in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases shall cease unless such Default is cured to the satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent may, at its option, and the Agent shall, upon the request of the Required Lenders, (a) declare all Obligations immediately due and payable, (b) charge the Companies the Default Rate of Interest on all then outstanding or thereafter incurred Obligations in lieu of the interest provided for in Sections 8.1 of this Financing Agreement, provided that the Agent has given the Companies written notice of such Event of Default if required by Section 8.2, and (c) immediately terminate this Financing Agreement upon notice to the Companies. Notwithstanding the foregoing, (x) the Agent’s 's and the Lenders' commitments to make loans, advances and extensions of credit provided for in Sections 3 3, 4 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders upon the commencement of any proceeding described in clause (ii) of Section 10.1(d10.1(c), and (y) this Financing Agreement automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the Lenders, upon the commencement of any proceeding described in clause (i) of Section 10.1(d10.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d10.1(c). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the Lenders.

Appears in 1 contract

Samples: Financing Agreement (G Iii Apparel Group LTD /De/)

Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required Lenders, all loans, advances and extensions of credit Revolving Loans provided for in Sections 3 and 5 of this Financing Agreement thereafter shall be made in the Agent’s 's and the Lenders' discretion, and the obligation of the Agent and the Lenders to make Revolving Loans, and to assist the Companies in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases Loans shall cease unless such Default is cured to the satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent may, at its option, and the Agent shall, upon the request of the Required Lenders, (a) declare all Obligations immediately due and payable, (b) charge the Companies each Company the Default Rate of Interest on all then outstanding or thereafter incurred Obligations in lieu of the interest provided for in Sections Section 8.1 of this Financing Agreement, provided that the Agent has given the Companies Borrowing Agent written notice of such Event of Default if required by Section 8.2, and (c) immediately terminate this Financing Agreement upon notice to the CompaniesBorrowing Agent. Notwithstanding the foregoing, (x) the Agent’s 's and the Lenders' commitments to make loans, advances and extensions of credit Revolving Loans provided for in Sections 3 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders upon the commencement of any proceeding described in clause (ii) of Section 10.1(d10.1(c), and (y) this Financing Agreement automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the Lenders, upon the commencement of any proceeding described in clause (i) of Section 10.1(d10.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d10.1(c). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the Lenders.

Appears in 1 contract

Samples: Financing Agreement (MTM Technologies, Inc.)

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Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required LendersCIT, all loans, advances and extensions of credit provided for in Sections 3 and 5 of this Financing Agreement thereafter shall be made in the Agent’s and the Lenders’ CIT's sole discretion, and the obligation of the Agent and the Lenders CIT to make Revolving Loans, and to assist the Companies Company in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases shall cease unless such Default is cured to the CIT's satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent CIT may, at its option, and the Agent shall, upon the request of the Required Lenders, option (a) declare all Obligations immediately due and payable, (b) charge the Companies Company the Default Rate of Interest on all then outstanding or thereafter incurred Obligations in lieu of the interest provided for in Sections 8.1 of this Financing Agreement, provided that the Agent CIT has given the Companies Company written notice of such Event of Default if required by Section 8.2, and (c) immediately terminate this Financing Agreement upon notice to the CompaniesCompany. Notwithstanding the foregoing, (x) the Agent’s and the Lenders’ commitments CIT's commitment to make loans, advances and extensions of credit provided for in Sections 3 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders CIT upon the commencement of any proceeding described in clause (ii) of Section 10.1(d10.1(c), and (y) this Financing Agreement automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the LendersCIT, upon the commencement of any proceeding described in clause (i) of Section 10.1(d10.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d10.1(c). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the LendersCIT.

Appears in 1 contract

Samples: Financing Agreement (Barry R G Corp /Oh/)

Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required Lenders, all loans, advances and extensions of credit provided for in Sections 3 3, 4 and 5 of this Financing Agreement thereafter shall be made in the Agent’s and the Lenders’ discretion, and the obligation of the Agent and the Lenders to make Revolving Loans, and to assist the Companies Borrowers in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases shall cease unless such Default is cured to the satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent may, at its option, and the Agent shall, upon the request of the Required Lenders, (a) declare all Obligations immediately due and payable, (b) charge the Companies Borrowers the Default Rate of Interest on all then outstanding or thereafter incurred Obligations (other than Ledger Debt and Hedge Agreement Obligations) in lieu of the interest provided for in Sections 8.1 of this Financing Agreement, provided that the Agent has given the Companies Borrowers written notice of such Event of Default if required by Section 8.2, and (c) immediately terminate this Financing Agreement upon notice to the CompaniesBorrowers. Notwithstanding the foregoing, (x) the Agent’s and the Lenders’ commitments to make loans, advances and extensions of credit provided for in Sections 3 3, 4 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders upon the commencement of any proceeding described in clause (ii) of Section 10.1(d10.1(c), and (y) this Financing Agreement automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the Lenders, upon the commencement of any proceeding described in clause (i) of Section 10.1(d10.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d10.1(c). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Skechers Usa Inc)

Remedies With Respect to Outstanding Loans. Upon the occurrence and during the continuation of a Default or an Event of Default, at the option of the Agent or the Required LendersCIT, all loans, advances and extensions of credit provided for in Sections 3 and 5 of this Financing Agreement thereafter shall be made in the AgentCIT’s and the Lenders’ sole discretion, and the obligation of the Agent and the Lenders CIT to make Revolving Loans, Loans and to assist the Companies Company in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases Credit shall cease unless such Default is cured to the CIT’s satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent CIT may, at its option, and the Agent shall, upon the request of the Required Lenders, option (a) declare all Obligations immediately due and payable, (b) charge the Companies Company the Default Rate of Interest on all then outstanding or thereafter incurred Obligations in lieu of the interest provided for in Sections 8.1 of this Financing Agreement, provided that the Agent CIT has given the Companies Company written notice of such Event of Default if required by Section 8.2, . and (c) immediately terminate this Financing Agreement upon notice to the CompaniesCompany. Notwithstanding the foregoing, (x) the AgentCIT’s and the Lenders’ commitments commitment to make loans, advances and extensions of credit provided for in Sections 3 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders CIT upon the commencement of any proceeding described in clause (ii) of Section 10.1(d10.1(c), and (y) this Financing Agreement automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the LendersCIT, upon the commencement of any proceeding described in clause (i) of Section 10.1(d10.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d10.1 (c). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the LendersCIT.

Appears in 1 contract

Samples: Financing Agreement (Rentech Inc /Co/)

Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required LendersCIT, all loans, advances and extensions of credit provided for 47 <PAGE> in Sections 3 and 5 of this Financing Agreement thereafter shall be made in the Agent’s and the Lenders’ CIT's sole discretion, and the obligation of the Agent and the Lenders CIT to make Revolving Loans, Loans and to assist the Companies in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases shall cease unless such Default is cured to the CIT's satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent CIT may, at its option, and the Agent shall, upon the request of the Required Lenders, option (a) declare all Obligations immediately due and payable, (b) charge the Companies the Default Rate of Interest on all then outstanding or thereafter incurred Obligations in lieu of the interest provided for in Sections 8.1 of this Financing Agreement, provided that the Agent CIT has given the Companies written notice of such Event of Default if required by Section 8.2, and (c) immediately terminate this Financing Agreement and the Factoring Agreements upon notice to the Companies. Notwithstanding the foregoing, (x) the Agent’s and the Lenders’ commitments CIT's commitment to make loans, advances and extensions of credit provided for in Sections 3 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders CIT upon the commencement of any proceeding described in clause (ii) of Section 10.1(d10.1(c), and (y) this Financing Agreement and the Factoring Agreements automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the LendersCIT, upon the commencement of any proceeding described in clause (i) of Section 10.1(d10.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d10.1(c). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the Lenders.CIT. 10.3

Appears in 1 contract

Samples: www.sec.gov

Remedies With Respect to Outstanding Loans. Upon the occurrence of a Default or an Event of Default, at the option of the Agent or the Required LendersCIT, all loans, advances and extensions of credit provided for in Sections 3 and 5 of this Financing Agreement thereafter shall be made in the Agent’s and the Lenders’ CIT's sole discretion, and the obligation of the Agent and the Lenders CIT to make Revolving Loans, Loans and to assist the Companies in opening Letters of Credit, Bankers Acceptances, Steamship Guarantees and Airway Releases shall cease unless such Default is cured to the CIT's satisfaction of the Required Lenders or such Event of Default is waived in accordance herewith. In addition, upon the occurrence of an Event of Default, the Agent CIT may, at its option, and the Agent shall, upon the request of the Required Lenders, option (a) declare all Obligations immediately due and payable, (b) charge the Companies the Default Rate of Interest on all then outstanding or thereafter incurred Obligations in lieu of the interest provided for in Sections 8.1 of this Financing Agreement, provided that the Agent CIT has given the Companies written notice of such Event of Default if required by Section 8.2, and (c) immediately terminate this Financing Agreement and the Factoring Agreements upon notice to the Companies. Notwithstanding the foregoing, (x) the Agent’s and the Lenders’ commitments CIT's commitment to make loans, advances and extensions of credit provided for in Sections 3 and 5 of this Financing Agreement automatically shall terminate without any declaration, notice or demand by the Agent or the Lenders CIT upon the commencement of any proceeding described in clause (ii) of Section 10.1(d10.1(c), and (y) this Financing Agreement and the Factoring Agreements automatically shall terminate and all Obligations shall become due and payable immediately without any declaration, notice or demand by the Agent or the LendersCIT, upon the commencement of any proceeding described in clause (i) of Section 10.1(d10.1(c) or the occurrence of an Event of Default described in clause (ii) of Section 10.1(d10.1(c). The exercise of any option is not exclusive of any other option that may be exercised at any time by the Agent or the LendersCIT.

Appears in 1 contract

Samples: Financing Agreement (Crown Crafts Inc)

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