Common use of Termination and Acceleration Clause in Contracts

Termination and Acceleration. Upon the occurrence of an Event of Default under Sections 12.1(k) or (l), all Revolving Commitments shall, automatically and without notice to any Person, terminate and all Obligations (other than Obligations under any Swap Agreements between a Credit Party and Administrative Agent or any Lender (or any of their respective Affiliates), all of which shall be due in accordance with and governed by the provisions of such Swap Agreements) shall, automatically and without notice to any Person, become immediately due and payable, without diligence, presentment, demand, protest, or notice of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law. During the existence of any other Event of Default, Administrative Agent may (and, at the written direction of the Required Lenders, shall) do one or more of the following at any time and from time to time: (i) declare any Obligations immediately due and payable (other than Obligations under any Swap Agreements between an Obligor and Administrative Agent or any Lender (or any of their respective Affiliates), all of which shall be due in accordance with and governed by the provisions of such Swap Agreements), whereupon they shall be due and payable without diligence, presentment, demand, protest, or notice of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law; (A) refuse to make Loans, cause the issuance of any Letters of Credit, make any other extensions of credit or grant any other financial accommodations to or for the benefit of any Credit Parties; (B) terminate, reduce, or condition any Revolving Commitment; (C) make any adjustment to the Borrowing Base (including by instituting additional Reserves); and (D) ON DEMAND, require Credit Parties to Cash Collateralize LC Obligations, Bank Product Obligations, and other Obligations that are contingent or not yet due and payable (and, if Credit Parties do not, for whatever reason, provide such Cash Collateral ON DEMAND, Administrative Agent may provide such Cash Collateral with the proceeds of a Revolving Loan and each Lender shall fund its Pro Rata Share thereof in accordance with Section 4.1(c), regardless of whether an Over Advance exists or would result therefrom or any condition precedent to the making of any such Loan has not been satisfied); and (iii) exercise such other rights and remedies which may be available to it under this Agreement, the other Loan Documents, and agreements relating to Bank Products, or Applicable Law (including the rights of a secured party under the UCC), all of which shall be cumulative.

Appears in 5 contracts

Samples: Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.)

AutoNDA by SimpleDocs

Termination and Acceleration. Upon Following the occurrence and during the continuance of an Event of Default under Sections 12.1(kDefault, the Lender may do any one or more of the following: (a) or (l), all Revolving Commitments shall, automatically and without notice to any Person, terminate and all Obligations (other than Obligations under any Swap Agreements between a Credit Party and Administrative Agent declare the whole or any item or part of the Commitment or any unutilized portion of the Loan Facility to be cancelled, terminated or reduced, whereupon the Lender (to the extent applicable) shall not be required to make any further Advance available hereunder in respect of such portion of the Commitment or the Loan Facility cancelled, terminated or reduced; (b) accelerate the maturity of all or any item or part of their respective Affiliates), all the Loan Obligations of which shall the Borrower hereunder and declare them to be due in accordance with and governed by the provisions of such Swap Agreements) shall, automatically and without notice to any Person, become payable on demand or immediately due and payable, whereupon they shall be so accelerated and become so due and payable; (c) suspend any rights of the Borrower under any Loan Document, whereupon such rights shall be so suspended; (d) demand payment under any guarantee and/or enforce any Security; or (e) take any other action, commence and prosecute any proceeding or exercise such other rights as may be permitted by applicable law (whether or not provided for in any Loan Document) at such times and in such manner as the Lender may consider expedient, all without diligence, presentmentany additional notice, demand, presentment for payment, protest, or noting of protest, dishonour, notice of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law. During the existence of dishonour or any other Event of Defaultaction being required. If the Borrower takes corporate or other administrative, Administrative Agent may (andmanagement, at or other governance action to authorize any Insolvency Proceeding, unless the written direction of Lender otherwise agrees, the Required Lenders, shall) do one or more of Commitment shall be immediately cancelled and the following at any time Loan Obligations shall be accelerated and from time to time: (i) declare any Obligations become immediately due and payable (other than Obligations under automatically without any Swap Agreements between an Obligor and Administrative Agent or any action on the part of the Lender (or any of their respective Affiliates), all of which shall be due in accordance with and governed by the provisions of such Swap Agreements), whereupon they shall be due and payable without diligence, presentment, demand, protest, or notice of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law; (A) refuse to make Loans, cause the issuance of any Letters of Credit, make any other extensions of credit or grant any other financial accommodations to or for the benefit of any Credit Parties; (B) terminate, reduce, or condition any Revolving Commitment; (C) make any adjustment to the Borrowing Base (including by instituting additional Reserves); and (D) ON DEMAND, require Credit Parties to Cash Collateralize LC Obligations, Bank Product Obligations, and other Obligations that are contingent or not yet due and payable (and, if Credit Parties do not, for whatever reason, provide such Cash Collateral ON DEMAND, Administrative Agent may provide such Cash Collateral with the proceeds of a Revolving Loan and each Lender shall fund its Pro Rata Share thereof in accordance with Section 4.1(c), regardless of whether an Over Advance exists or would result therefrom or any condition precedent to the making of any such Loan has not been satisfied); and (iii) exercise such other rights and remedies which may be available to it under this Agreement, the other Loan Documents, and agreements relating to Bank Products, or Applicable Law (including the rights of a secured party under the UCC), all of which shall be cumulativebeing required.

Appears in 2 contracts

Samples: Securities Agreement (Liberty Silver Corp), Loan Agreement (Liberty Silver Corp)

Termination and Acceleration. Upon the occurrence of an Event of Default under Sections 12.1(kDefault, the Agent shall at the request, or may with the consent, of the Majority Lenders, by one or more notices to the Borrower do any or all of the following: (a) terminate the obligations of the Lenders including, without limitation, the obligation of the Lenders to advance or allow any further Drawdowns hereunder; (l)b) declare all or any part of the principal amount of the Loans, all Revolving Commitments shall, automatically and without notice to any Person, terminate interest accrued thereon and all Obligations (fees and other than Obligations under any Swap Agreements between a Credit Party and Administrative Agent or any Lender (or any of their respective Affiliates), all of which shall amounts required to be due in accordance with and governed paid by the provisions of such Swap Agreements) shallBorrower hereunder, automatically and without notice to any Person, become be immediately due and payable, payable without diligence, presentment, demandthe necessity of presentment for payment, protest, notice of non-payment or notice of any kind, protest (all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law. During the existence of any other Event of Default, Administrative Agent may (and, at the written direction of the Required Lenders, shall) do one or more of the following at any time and from time to time: (i) declare any Obligations immediately due and payable (other than Obligations under any Swap Agreements between an Obligor and Administrative Agent or any Lender (or any of their respective Affiliatesexpressly waived), all of which shall be due in accordance with and governed by the provisions of such Swap Agreements), whereupon they shall be due and payable without diligence, presentment, demand, protest, or notice of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law; (Ac) refuse require the Borrower to pay to the Lenders an amount equal to the aggregate face amount of all outstanding Bankers' Acceptances, which amount shall be held by the Lenders as cash collateral in an interest-bearing account, with interest at the Agent's prevailing rate for similar deposits, until such Bankers' Acceptances mature and shall be applied by the Lenders to satisfy such maturing Bankers' Acceptances; (d) require the Borrower to pay to the Agent an amount equal to the maximum amount payable by the Lenders under all outstanding Letters of Credit which amount shall be held by the Agent as cash collateral in an account bearing interest at the Agent's prevailing rate for similar deposits, to be applied by the Agent to satisfy any payments which the Lenders may have to make Loans, cause the issuance of any under Letters of Credit, make any other extensions of credit or grant any other financial accommodations to or for the benefit of any Credit Parties; (B) terminate, reduce, or condition any Revolving Commitment; (C) make any adjustment to the Borrowing Base (including by instituting additional Reserves); and (D) ON DEMAND, require Credit Parties to Cash Collateralize LC Obligations, Bank Product Obligations, and other Obligations that are contingent or not yet due and payable (and, if Credit Parties do not, for whatever reason, provide such Cash Collateral ON DEMAND, Administrative Agent may provide such Cash Collateral with the proceeds of a Revolving Loan and each Lender shall fund its Pro Rata Share thereof in accordance with Section 4.1(c), regardless of whether an Over Advance exists or would result therefrom or any condition precedent to the making of any such Loan has not been satisfied); and (iiie) proceed to exercise such any and all rights hereunder or under any other rights and remedies which may be available document or instrument executed pursuant to it under this Agreement, the other Loan Documents, and agreements relating to Bank Products, or Applicable Law (including the rights of a secured party under the UCC), all of which shall be cumulative.

Appears in 2 contracts

Samples: Loan Agreement (Gulf Canada Resources LTD), Loan Agreement (Gulf Canada Resources LTD)

Termination and Acceleration. Upon the occurrence of an Event of Default under Sections 12.1(kand at any time thereafter, the Administration Agent may (or, subject to Section 13.9, at the direction of the Majority Lenders shall) do any one or more of the following: (l), all Revolving Commitments shall, automatically and without notice to any Person, terminate and all Obligations (other than Obligations under any Swap Agreements between a Credit Party and Administrative Agent a) declare the whole or any Lender item or part of the Total Commitment or the unutilized portion (if any) of any Credit Facility to be cancelled, terminated or reduced, whereupon the Lenders (to the extent applicable) shall not be required to make any further Advance hereunder in respect of such portion of the Total Commitment or any Credit Facility cancelled, terminated or reduced; (b) accelerate the maturity of their respective Affiliates), all or any item or part of which shall the payment obligations of the Borrower hereunder and declare them to be due in accordance with and governed by the provisions of such Swap Agreements) shall, automatically and without notice to any Person, become immediately due and payable, whereupon they shall be so accelerated and become so due and payable; (c) suspend any rights of the Borrower under any Loan Document, whereupon such rights shall be so suspended; (d) demand that the Borrower prepay its obligations under Section 4.8 in respect of outstanding Acceptances, whereupon the Borrower shall be obliged to prepay to the Administration Agent, for the account of the Lenders entitled thereto, the face amount of all outstanding Acceptances issued for its account; (e) demand that the Borrower prepay its obligations under Section 6.5(b) in respect of outstanding Standby Instruments issued for its account whereupon the Borrower shall be obligated to prepay such obligations to the Issuing Lender for the account of the Lenders entitled thereto, subject to the obligation of such Lenders to account for and return to the Issuing Lender, and for the Issuing Lender to then return to the Borrower, any overpayment (provided that all Loan Obligations have otherwise been paid and satisfied) should those Standby Instruments not be drawn upon and expire; (f) convert any outstanding LIBOR Loan to a U.S. Base Rate Loan or a Canadian Prime Rate Loan and convert any U.S. Base Rate Loan to a Canadian Prime Rate Loan; (g) take any other action, commence any other suit, action or proceeding or exercise such other rights as may be permitted by Applicable Law (whether or not provided for in any Loan Document) at such times and in such manner as the Administration Agent may consider expedient, all without diligence, presentmentany additional notice, demand, presentment for payment, protest, or notice of any kindprotest, all dishonour, notice of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law. During the existence of dishonour or any other action being required. If an Event of DefaultDefault referred to in Section 12.1(j) occurs, Administrative Agent may (andunless the Majority Lenders otherwise agree, at the written direction of Total Commitment shall be cancelled and the Required Lenders, shall) do one or more of the following at any time Loan Obligations shall be accelerated and from time to time: (i) declare any Obligations become immediately due and payable (other than Obligations under automatically without any Swap Agreements between an Obligor and Administrative action on the part of the Administration Agent or any Lender (or any of their respective Affiliates), all of which shall be due in accordance with and governed by the provisions of such Swap Agreements), whereupon they shall be due and payable without diligence, presentment, demand, protest, or notice of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law; (A) refuse to make Loans, cause the issuance of any Letters of Credit, make any other extensions of credit or grant any other financial accommodations to or for the benefit of any Credit Parties; (B) terminate, reduce, or condition any Revolving Commitment; (C) make any adjustment to the Borrowing Base (including by instituting additional Reserves); and (D) ON DEMAND, require Credit Parties to Cash Collateralize LC Obligations, Bank Product Obligations, and other Obligations that are contingent or not yet due and payable (and, if Credit Parties do not, for whatever reason, provide such Cash Collateral ON DEMAND, Administrative Agent may provide such Cash Collateral with the proceeds of a Revolving Loan and each Lender shall fund its Pro Rata Share thereof in accordance with Section 4.1(c), regardless of whether an Over Advance exists or would result therefrom or any condition precedent to the making of any such Loan has not been satisfied); and (iii) exercise such other rights and remedies which may be available to it under this Agreement, the other Loan Documents, and agreements relating to Bank Products, or Applicable Law (including the rights of a secured party under the UCC), all of which shall be cumulativebeing required.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Inc)

Termination and Acceleration. Upon the occurrence of an Event of Default under Sections 12.1(kDefault, the Agent may (or, subject to Section 11.9, at the direction of the Required Lenders shall) do any one or more of the following: (l), all Revolving Commitments shall, automatically and without notice to any Person, terminate and all Obligations (other than Obligations under any Swap Agreements between a Credit Party and Administrative Agent a) declare the whole or any Lender item or part of the Total Commitment or the unutilized portion (if any) of any Loan Facility to be cancelled, terminated or reduced, whereupon the Relevant Lenders (to the extent applicable) shall not be required to make any further Drawdown hereunder in respect of such portion of the Total Commitment or each Loan Facility cancelled, terminated or reduced; (b) accelerate the maturity of all or any item or part of their respective Affiliates), all the Loan Obligations of which shall the Borrower hereunder and declare them to be due in accordance with and governed by the provisions of such Swap Agreements) shall, automatically and without notice to any Person, become payable on demand or immediately due and payable, whereupon they shall be so accelerated and become so due and payable; (c) suspend any rights of the Borrower under any Loan Document, whereupon such rights shall be so suspended; (d) demand payment under any Sponsor Guarantee and/or enforce any Security; (e) demand that the Borrower pay (i) its Out-of-the-Money Derivative Exposure, if any, to each Secured Party and (ii) its Cash Management Obligations, if any, owing to each Lender and each Secured Party that has requested the Agent to make such demand, whereupon the Borrower shall be obliged to pay immediately to the Agent for the account of (A) each applicable Secured Party such Out-of-the-Money Derivative Exposure under all Permitted Derivatives entered into by it with each Secured Party and (B) each applicable Secured Party the amount of the Cash Management Obligations owing to that Secured Party; and (f) take any other action, commence any other proceeding or exercise such other rights as may be permitted by applicable law (whether or not provided for in any Secured Document) at such times and in such manner as the Agent may consider expedient, all without diligence, presentmentany additional notice, demand, presentment for payment, protest, or noting of protest, dishonour, notice of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law. During the existence of dishonour or any other action being required. If an Event of DefaultDefault referred to in Section 10.1 occurs, Administrative Agent may (and, at the written direction of unless the Required LendersLenders otherwise agree, shall) do one or more of the following at any time Total Commitment shall be cancelled and from time to time: (i) declare any the Loan Obligations shall be accelerated and become immediately due and payable (other than Obligations under automatically without any Swap Agreements between an Obligor and Administrative Agent or any Lender (or any of their respective Affiliates), all of which shall be due in accordance with and governed by action on the provisions of such Swap Agreements), whereupon they shall be due and payable without diligence, presentment, demand, protest, or notice part of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law; (A) refuse to make Loans, cause the issuance of any Letters of Credit, make any other extensions of credit or grant any other financial accommodations to or for the benefit of any Credit Parties; (B) terminate, reduce, or condition any Revolving Commitment; (C) make any adjustment to the Borrowing Base (including by instituting additional Reserves); and (D) ON DEMAND, require Credit Parties to Cash Collateralize LC Obligations, Bank Product Obligations, and other Obligations that are contingent or not yet due and payable (and, if Credit Parties do not, for whatever reason, provide such Cash Collateral ON DEMAND, Administrative Agent may provide such Cash Collateral with the proceeds of a Revolving Loan and each Lender shall fund its Pro Rata Share thereof in accordance with Section 4.1(c), regardless of whether an Over Advance exists or would result therefrom or any condition precedent to the making of any such Loan has not been satisfied); and (iii) exercise such other rights and remedies which may be available to it under this Agreement, the other Loan Documents, and agreements relating to Bank Products, or Applicable Law (including the rights of a secured party under the UCC), all of which shall be cumulativeSecured Party being required.

Appears in 1 contract

Samples: Loan Agreement (BioAmber Inc.)

AutoNDA by SimpleDocs

Termination and Acceleration. Upon the occurrence of an Event of Default under Sections 12.1(kDefault, the Agent may (or, subject to Section 15.9, at the direction of the Required Lenders shall) do any one or more of the following: (l), all Revolving Commitments shall, automatically and without notice to any Person, terminate and all Obligations (other than Obligations under any Swap Agreements between a Credit Party and Administrative Agent a) declare the whole or any Lender item or part of the Total Commitment or the unutilized portion (if any) of any Credit Facility to be cancelled, terminated or reduced, whereupon the Lenders (to the extent applicable) shall not be required to make any further Advance hereunder in respect of such portion of the Total Commitment or each Credit Facility cancelled, terminated or reduced; (b) accelerate the maturity of all or any item or part of their respective Affiliates), all the Loan Obligations of which shall the Borrower hereunder and declare them to be due in accordance with and governed by the provisions of such Swap Agreements) shall, automatically and without notice to any Person, become immediately due and payable, whereupon they shall be so accelerated and become so due and payable; (c) suspend any rights of the Borrower under any Loan Document, whereupon such rights shall be so suspended; (d) demand payment under each Guarantee and any other guarantee comprised in the Security; (e) demand that the Borrower pay (i) the Outstanding Amount of all outstanding Acceptances in prepayment of its obligations under Section 5.7 in respect of outstanding Acceptances, (ii) its Positive Derivative Exposure, if any, to each Qualified Hedge Counterparty and (iii) the Standby Instrument Exposure under all outstanding Standby Instruments in prepayment of its obligations under Subsection 4.2.2 in respect thereof, whereupon the Borrower shall be obliged to (A) prepay immediately to the Agent for the account of the Lenders under the Revolving Facility the Outstanding Amount of all outstanding Acceptances, (B) pay immediately to the Agent for the account of each Qualified Hedge Counterparty such Positive Derivative Exposure under all Derivatives entered into by it with each Qualified Hedge Counterparty and (C) pay immediately to the Agent for the account of each Issuing Bank such Standby Instrument Exposure until such Standby Instruments expire or are drawn upon, whereupon the Issuing Bank shall, subject to other provisions of this Section 14.2, account to and return any overpayment to the Borrower; (f) enforce and realize upon all or any part of the Security; and (g) take any other action, commence and prosecute any Litigation or exercise such other rights as may be permitted by Applicable Law (whether or not provided for in any Finance Document) at such times and in such manner as the Agent may consider expedient; all without diligence, presentmentany additional notice, demand, presentment for payment, protest, or noting of protest, dishonour, notice of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law. During the existence of dishonour or any other action being required. If an Event of DefaultDefault referred to in Subsection 14.1.10 occurs, Administrative Agent may (and, at the written direction of unless the Required LendersLenders otherwise agree, shall) do one or more of the following at any time Total Commitment shall be cancelled and from time to time: (i) declare any the Loan Obligations shall be accelerated and become immediately due and payable (other than Obligations under automatically without any Swap Agreements between an Obligor and Administrative action on the part of the Agent or any Lender (or any of their respective Affiliates), all of which shall be due in accordance with and governed by the provisions of such Swap Agreements), whereupon they shall be due and payable without diligence, presentment, demand, protest, or notice of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law; (A) refuse to make Loans, cause the issuance of any Letters of Credit, make any other extensions of credit or grant any other financial accommodations to or for the benefit of any Credit Parties; (B) terminate, reduce, or condition any Revolving Commitment; (C) make any adjustment to the Borrowing Base (including by instituting additional Reserves); and (D) ON DEMAND, require Credit Parties to Cash Collateralize LC Obligations, Bank Product Obligations, and other Obligations that are contingent or not yet due and payable (and, if Credit Parties do not, for whatever reason, provide such Cash Collateral ON DEMAND, Administrative Agent may provide such Cash Collateral with the proceeds of a Revolving Loan and each Lender shall fund its Pro Rata Share thereof in accordance with Section 4.1(c), regardless of whether an Over Advance exists or would result therefrom or any condition precedent to the making of any such Loan has not been satisfied); and (iii) exercise such other rights and remedies which may be available to it under this Agreement, the other Loan Documents, and agreements relating to Bank Products, or Applicable Law (including the rights of a secured party under the UCC), all of which shall be cumulativebeing required.

Appears in 1 contract

Samples: Credit Agreement (MDC Partners Inc)

Termination and Acceleration. Upon the occurrence of If an Event of Default under Sections 12.1(k) shall have occurred and be continuing, the Lender may do any one or (l), all Revolving Commitments shall, automatically and without notice to any Person, terminate and all Obligations (other than Obligations under any Swap Agreements between a Credit Party and Administrative Agent more of the following: 15.1.1 declare the whole or any item or part of the Term Facility to be cancelled, terminated or reduced, whereupon the Lender (shall not be required to make any further Advance hereunder in respect of such portion of the Term Facility cancelled, terminated or reduced; 15.1.2 accelerate the maturity of all or any item or part of their respective Affiliates), all of which shall the Loan and declare it to be due in accordance with and governed by the provisions of such Swap Agreements) shall, automatically and without notice to any Person, become immediately due and payable, whereupon it shall be so accelerated and become so due and payable, including, without diligencelimitation, presentmentfor greater certainty, any BA Liability, notwithstanding that any holder of any outstanding BA shall not have demanded payment or shall not then be entitled to do so; 15.1.3 suspend any rights of the Borrower hereunder, whereupon such rights shall be so suspended; and 15.1.4 take any other action, commence any other suit, action or proceeding or exercise such other rights as may be permitted by Applicable Law (whether or not provided for hereunder) at such times and in such manner as the Lender may consider expedient, all without any additional notice, demand, presentment for payment, protest, or noting of protest, dishonour, notice of dishonour or any kind, all of which are hereby waived other action being required other than those required by Credit Parties to the fullest extent permitted by Applicable Law. During the existence of any other If an Event of DefaultDefault referred to in Section 14.7 occurs, Administrative Agent may (and, at the written direction of Term Facility shall immediately and automatically be cancelled and the Required Lenders, shall) do one or more of the following at any time and from time to time: (i) declare any Obligations immediately due and payable (other than Obligations under any Swap Agreements between an Obligor and Administrative Agent or any Lender (or any of their respective Affiliates), all of which Loan shall be due in accordance with accelerated and governed by the provisions of such Swap Agreements), whereupon they shall be become immediately and automatically due and payable without diligence, presentment, demand, protest, or notice any action on the part of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law; (A) refuse to make Loans, cause the issuance of any Letters of Credit, make any other extensions of credit or grant any other financial accommodations to or for the benefit of any Credit Parties; (B) terminate, reduce, or condition any Revolving Commitment; (C) make any adjustment to the Borrowing Base (including by instituting additional Reserves); and (D) ON DEMAND, require Credit Parties to Cash Collateralize LC Obligations, Bank Product Obligations, and other Obligations that are contingent or not yet due and payable (and, if Credit Parties do not, for whatever reason, provide such Cash Collateral ON DEMAND, Administrative Agent may provide such Cash Collateral with the proceeds of a Revolving Loan and each Lender shall fund its Pro Rata Share thereof in accordance with Section 4.1(c), regardless of whether an Over Advance exists or would result therefrom or any condition precedent to the making of any such Loan has not been satisfied); and (iii) exercise such other rights and remedies which may be available to it under this Agreement, the other Loan Documents, and agreements relating to Bank Products, or Applicable Law (including the rights of a secured party under the UCC), all of which shall be cumulativebeing required.

Appears in 1 contract

Samples: Credit Agreement (Aar Corp)

Termination and Acceleration. Upon the occurrence and during the continuance of an Event of Default, Lender shall have all rights, powers and remedies set forth in the Loan Documents, in any written agreement or instrument (other than this Agreement or the Loan Documents) relating to any of the Obligations or any security therefor, or as otherwise provided at law or in equity. Without limiting the generality of the foregoing, Lender may, at its option, upon the occurrence and during the continuance of an Event of Default, declare its commitments to Borrower to be terminated and all Obligations to be immediately due and payable; provided, however, that upon the occurrence of an Event of Default under Sections 12.1(keither Section 7.01(e) or (lSection 7.01(f), all Revolving Commitments shall, automatically and without notice commitments of Lender to any Person, Borrower shall immediately terminate and all Obligations (other than Obligations under any Swap Agreements between a Credit Party and Administrative Agent or any Lender (or any of their respective Affiliates), all of which shall be due in accordance with and governed by the provisions of such Swap Agreements) shall, automatically and without notice to any Person, become immediately due and payable, all without diligence, presentment, demand, protest, notice or notice further action of any kindkind required on the part of Lender, and in either case the Borrower agree to so pay all such Obligations immediately. In furtherance of, and not in limitation of, the foregoing, upon the occurrence and during the continuance of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law. During the existence of any other an Event of Default, Administrative Agent may (andLender may, at the written direction of the Required Lenders, shall) do one or more of the following at any time and from time to time: (i) declare any Obligations immediately due and payable (other than Obligations under any Swap Agreements between an Obligor and Administrative Agent , whether before or any Lender (or after the maturity of any of their respective Affiliates), all of which shall be due in accordance with and governed by the provisions of such Swap Agreements), whereupon they shall be due and payable without diligence, presentment, demand, protest, or notice of any kind, all of which are hereby waived by Credit Parties to the fullest extent permitted by Applicable Law; Obligations: (A) refuse to make Loans, cause the issuance enforce collection of any Letters of Creditaccounts, make any receipts or other extensions of credit amounts owed to the Borrower by suit or grant any other financial accommodations to or for the benefit of any Credit Partiesotherwise; (B) terminateexercise all of the rights and remedies of the Borrower with respect to Proceedings brought to collect any accounts, reduce, receipts or condition any Revolving Commitmentother amounts owed to the Borrower; (C) make surrender, release or exchange all or any adjustment part of any accounts, receipts or other amounts owed to the Borrowing Base Borrower, or compromise or extend or renew for any period (including by instituting additional Reserves)whether or not longer than the original period) any indebtedness thereunder; (D) sell or assign any accounts, receipts or other amounts owed to the Borrower, upon such terms, for such amount and at such time or times as Lender deems advisable; (E) prepare, file and sign the Borrower’s name on any proof of claim in bankruptcy or other similar document against any Customer or other Person obligated to the Borrower; and (DF) ON DEMANDdo all other acts and things which are necessary, require Credit Parties in Lender’s commercially reasonable discretion, to Cash Collateralize LC Obligations, Bank Product Obligations, and other Obligations that are contingent or not yet due and payable (and, if Credit Parties do not, for whatever reason, provide such Cash Collateral ON DEMAND, Administrative Agent may provide such Cash Collateral with fulfill the proceeds of a Revolving Loan and each Lender shall fund its Pro Rata Share thereof in accordance with Section 4.1(c), regardless of whether an Over Advance exists or would result therefrom or any condition precedent to the making of any such Loan has not been satisfied); and (iii) exercise such other rights and remedies which may be available to it Borrower’s obligations under this Agreement, Agreement and the other Loan DocumentsDocuments and to allow Lender to collect the accounts, receipts or other amounts owed to the Borrower. In addition to any other provision hereof, Lender may at any time after the occurrence and agreements relating during the continuance of an Event of Default, at the Borrower’s expense, notify any parties obligated on any accounts, receipts or other amounts owed to Bank Products, the Borrower to make payment directly to Lender of any amounts due or Applicable Law (including the rights of a secured party under the UCC), all of which shall be cumulativeto become due thereunder.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Credex Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!