Revolving Loan Agreement. The Borrower and Lender have entered into a Second Amended Revolving Loan Agreement of even date herewith ("Revolving Loan Agreement"). The term "Revolving Loan Documents" as used in this Third Amended Loan Agreement shall have the meaning provided in Section 3.2 of the Revolving Loan Agreement.
Revolving Loan Agreement. Satisfaction of each of the conditions precedent contained in the Revolving Loan Agreement, as determined by the Administrative Agent.
Revolving Loan Agreement. The Administrative Agent shall have received any conforming amendment to the Revolving Loan Agreement and any conforming amendment to the ABL Intercreditor Agreement (or an acknowledgment from the parties thereto), in each case as deemed reasonably necessary by the Administrative Agent.
Revolving Loan Agreement. O'Charley's will enter into the Revolving Loan Agreement with the LLC on the terms and subject to the conditions set forth in the Revolving Loan Agreement to fund in accordance with Section 4.3.2 the Pre-Opening Budget and in accordance with Section 4.3.3, to fund cash flow deficiencies under the Operating Budget.
Revolving Loan Agreement. The occurrence of an “Event of Default” under the Revolving Loan Agreement. It is understood and agreed by Borrower and each Guarantor Subsidiary that any of the foregoing “Events of Default” shall constitute a default under each of the Notes, and that such “Events of Default” are cumulative and in addition to any default or events of default contained in any of the other Loan Documents, and that in the event of any discrepancy or inconsistency between any Event of Default hereunder and any default or event of default contained in any other Loan Document, the description of the Event of Default stated herein shall control.
Revolving Loan Agreement. All of the Conditions Precedent set forth in Section 5.1 of the Revolving Loan Agreement shall have been satisfied.
Revolving Loan Agreement. The parties hereto acknowledge and agree that (i) the “Commitment” under the Revolving Loan Agreement (as such term is defined in the Revolving Loan Agreement) is hereby terminated, (ii) the Revolving Note (as defined in the Revolving Loan Agreement) is hereby deemed cancelled and rendered null and void and shall be of no further force or effect and (iii) the Revolving Loan Agreement is hereby terminated and rendered null and void and shall be of no further force or effect, except for such provisions which survive termination of the Revolving Loan Agreement by their terms.
Revolving Loan Agreement. The Revolving Loan Agreement shall have been executed and delivered by each of the parties thereto in form and substance reasonably satisfactory to the Administrative Agent, the Federal Guarantor and the State Guarantor and the initial funding of loans or issuance of any letter of credit under the Revolving Loan Agreement shall have occurred concurrently with the funding of the Loans to be made hereunder.
Revolving Loan Agreement. The Agent shall have received evidence that (i) the Revolving Credit Agreement is effective and the conditions precedent in Section 4.01 of the Revolving Loan Agreement have been satisfied and (ii) the Revolving Loan Lenders are funding the initial Revolving Loans in an amount not less than $57,000,000.
Revolving Loan Agreement. (e) the Borrower shall fail to observe or perform any covenant, condition or agreement contained in this Agreement or any other Loan Document (other than those specified in clause (a), (b) or (d) of this Article) and such failure shall continue unremedied for a period of 30 or more days after notice thereof from the Administrative Agent to the Borrower;
(f) the Borrower or any of its Material Subsidiaries shall fail to make any payment (whether of principal or interest and regardless of amount) in respect of any Material Indebtedness, when and as the same shall become due and payable (whether at stated maturity or on acceleration);
(g) any event or condition occurs that results in any Material Indebtedness becoming due prior to its scheduled maturity or that enables or permits (with or without the giving of notice, but without any further lapse of time) the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf to cause any Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity; provided that this clause (g) shall not apply to (i) secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness or (ii) the voluntary prepayment of any Indebtedness that is not then otherwise due or required to be prepaid pursuant to its terms;
(h) an involuntary proceeding shall be commenced or an involuntary petition shall be filed seeking (i) liquidation, reorganization or other relief in respect of the Borrower or any of its Material Subsidiaries or its debts, or of a substantial part of its assets, under any Federal, state or foreign bankruptcy, insolvency, receivership or similar law now or hereafter in effect or (ii) the appointment of a receiver, trustee, custodian, sequestrator, conservator or similar official for the Borrower or any of its Material Subsidiaries or for a substantial part of its assets, and, in any such case, such proceeding or petition shall continue undismissed for a period of 60 or more days or an order or decree approving or ordering any of the foregoing shall be entered;
(i) the Borrower or any of its Material Subsidiaries shall (i) voluntarily commence any proceeding or file any petition seeking liquidation, reorganization or other relief under any Federal, state or foreign bankruptcy, insolvency, receivership or similar law now or hereafter in eff...
