Common use of THEREUPON Clause in Contracts

THEREUPON. in the case of an Event of Default other than one referred to in clause (f) or (g) of this SECTION 9 with respect to a Borrower, the Administrative Agent may and, upon request of the Majority Banks, will, by notice to such Borrower, terminate the Commitments and/or declare the principal amount than outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower hereunder and under the Notes to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower; and (ii) in the case of the occurrence of an Event of Default referred to in clause (f) or (g) of this SECTION 9 with respect to a Borrower, the Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower hereunder and under the Notes shall automatically become immediately due and payable without presentment demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:

THEREUPON. (I) in the case of an Event of Default other than one referred to in clause clauses (f) or (g) of this SECTION 9 with respect Section 11 relating to a the Borrower, the Administrative Agent may andAgent, upon request of the Majority Required Banks, will, shall by notice to such the Borrower, terminate the Commitments and/or declare the principal amount than then outstanding of, of and the accrued interest on, on the Loans and all other amounts payable by such the Borrower hereunder and under the Notes to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such the Borrower; and (iiII) in the case of the occurrence of an Event of Default referred to in clause clauses (f) or (g) of this SECTION 9 with respect Section 11 relating to a the Borrower, the Commitments shall be automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such the Borrower hereunder and under the Notes shall become automatically become and immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such the Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:.

THEREUPON. in the case of an Event of Default other than one referred to in clause (f) or (g) of this SECTION Section 9 with respect to a Borrower, the Administrative Agent may and, upon request of the Majority Banks, will, by notice to such Borrower, terminate the Commitments and/or declare the principal amount than then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower hereunder and under the Notes to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower; and (ii) in the case of the occurrence of an Event of Default referred to in clause (f) or (g) of this SECTION Section 9 with respect to a Borrower, the Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower hereunder and under the Notes shall automatically become immediately due and payable without presentment demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:

THEREUPON. (i) in the case of an Event of Default (other than one referred to in clause (fg) or (gh) of this SECTION Section 9 with in respect to a of the Borrower, ) the Administrative Agent may and, upon request of the Majority BanksLenders, willshall, by notice to such the Borrower, terminate the Commitments and/or declare the principal amount than outstanding of, of and the accrued interest onon the Loans, the Loans and all other amounts payable by such the Borrower hereunder and under the Notes Notes, to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such the Borrower; and (ii) in the case of the occurrence of an Event of Default referred to in clause (fg) or (gh) of this SECTION Section 9 with in respect to a of the Borrower, the Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such the Borrower hereunder and under the Notes shall become automatically become immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such the Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:.

THEREUPON. in the case of an Event of Default other than one referred to in clause (f) or (g) of this SECTION 9 Section 6.01 with respect to a the Borrower, (A) the Administrative Agent may andAgent, upon request of the Majority BanksLenders having at least 51% of the aggregate amount of the Commitments, willshall, by notice to such the Borrower, terminate the Commitments and/or and they shall thereupon terminate, and (B) the Administrative Agent, upon request of Lenders holding at least 51% of the aggregate unpaid principal amount of the Loans, shall, by notice to the Borrower, declare the principal amount than then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such the Borrower hereunder and under the Notes to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such the Borrower; and (ii2) in the case of the occurrence of an Event of Default referred to in clause (f) or (g) of this SECTION 9 Section 6.01 with respect to a the Borrower, the Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such the Borrower hereunder and under the Notes shall automatically become immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such the Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:.

THEREUPON. in the case of an Event of Default other than one referred to in clause (f) or (g) of this SECTION 9 Section 10 with respect to a Borrowerthe Company, the Administrative Agent may and, upon request of the Majority Banks, willshall, by notice to such Borrowerthe Company, terminate cancel the Commitments and/or declare the principal amount than then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower the Company hereunder and under the Notes (including, without limitation, any amounts payable under Section 5.05 hereof) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrowerthe Company; and (ii) in the case of the occurrence of an Event of Default referred to in clause (f) or (g) of this SECTION 9 Section 10 with respect to a Borrowerthe Company, the Commitments shall automatically be terminated canceled and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower the Company hereunder and under the Notes (including, without limitation, any amounts payable under Section 5.05 hereof) shall automatically become immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:Company.

THEREUPON. in the case of an Event of Default (other than one referred to in clause SUBSECTION (fg) or (gh) of this SECTION 9 with respect to a Borrowerthe Company), the Administrative Agent may andAgent, upon request of the Majority Banks, willmay, by notice to such Borrowerthe Company, terminate cancel the Commitments and/or declare the principal amount than then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower the Company hereunder and under the Notes (including, without limitation, any amounts payable under SECTION 5.5 hereof) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrowerthe Company; and (ii) in the case of the occurrence of an Event of Default referred to in clause SUBSECTION (fg) or (gh) of this SECTION 9 with respect to a Borrowerthe Company, the Commitments shall automatically be terminated canceled and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower the Company hereunder and under the Notes (including, without limitation, any amounts payable under SECTION 5.5 hereof) shall automatically become immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:Company.

THEREUPON. in the case of an Event of Default other than one referred to in clause (f) or (g) of this SECTION 9 Section 10 with respect to a Borrowerthe Borrower or any Subsidiary Guarantor, the Credit Agreement Administrative Agent may and, upon request of the Majority BanksLenders, will, by notice to such the Borrower, terminate the Commitments and/or declare the principal amount than then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such the Borrower and the Subsidiary Guarantors hereunder and under the Notes (including, without limitation, any amounts payable under Section 5.05 hereof) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrowerthe Obligors; and (ii2) in the case of the occurrence of an Event of Default referred to in clause (f) or (g) of this SECTION 9 Section 10 with respect to a Borrowerthe Borrower or any Subsidiary Guarantor, the Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower the Obligors hereunder and under the Notes (including, without limitation, any amounts payable under Section 5.05 hereof) shall automatically become immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:Obligors.

THEREUPON. in the case of an Event of Default other than one referred to in clause (e), (f) or (g) of this SECTION 9 with respect to a BorrowerArticle X, the Administrative Agent Agent, with the consent of the Majority Lenders, may and, upon request of the Majority BanksLenders, willshall, by notice to such the Borrower, terminate the Commitments and/or declare the principal amount than then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such the Borrower and the Guarantors hereunder and under the Notes any other Loan Documents to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, diligence, protest or other formalities of any kind, all of which are hereby expressly waived by the Credit Parties; and (B) in the case of the occurrence of an Event of Default referred to in clause (e), (f) or (g) of this Article X, the Commitments shall be automatically terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by the Borrower and the Guarantors hereunder and under any other Loan Documents shall become automatically immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower; and (ii) in the case of the occurrence of an Event of Default referred to in clause (f) or (g) of this SECTION 9 with respect to a Borrower, the Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower hereunder and under the Notes shall automatically become immediately due and payable without presentment demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:Credit Parties.

THEREUPON. in the case of an Event of Default other than one referred to in clause (e), (f) or (g) of this SECTION 9 with respect to a BorrowerSection 10, the Administrative Agent may andmay, and upon request written direction of the Majority Banks, willLenders shall, by notice to such Borrower, terminate the Term Loan Commitments and/or declare the principal amount than then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by such Borrower hereunder and under the Term Notes (including any amounts payable under Section 5.05 or 5.06) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower, reduce any claim to judgment, take any other action permitted by law and/or take any action permitted to be taken by the Security Agreement during the existence of an Event of Default; and (ii2) in the case of the occurrence of an Event of Default referred to in clause (e), (f) or (g) of this SECTION 9 with respect to a BorrowerSection 10, the Term Loan Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by such Borrower hereunder and under the Term Notes (including any amounts payable under Section 5.05 or 5.06) shall automatically become immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:.

THEREUPON. in the case of an Event of Default other than one referred to in clause (e), (f) ), or (g) of this SECTION 9 with respect to a Borrower), the Administrative Agent Lenders may and, upon request of the Majority Banks, will, by notice to such the Borrower, terminate cancel the Commitments and/or declare the principal amount than then outstanding of, of and the accrued interest on, on the Loans and all other amounts payable by such the Borrower hereunder and under the Notes to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest protest, notice of intent to accelerate, notice of acceleration, or other formalities of any kind, all of which are hereby expressly waived by such the Borrower; and (ii) in the case of the occurrence of an Event of Default referred to in clause (e), (f) ), or (g) of this SECTION 9 with respect to a Borrower), the Commitments shall be automatically be terminated canceled and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower hereunder and under the Notes Indebtedness shall become automatically become immediately due and payable without presentment presentment, demand, protest protest, notice of intent to accelerate, notice of acceleration or other formalities of any kind, all of which are hereby expressly waived by such the Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:.

THEREUPON. in the case of an Event of Default other than one referred to in clause (f) or (g) of this SECTION 9 with respect to a BorrowerSection 10, the Administrative Agent may andmay, upon request with the consent of the Majority BanksLenders, willand upon written direction of the Majority Lenders shall, by notice to such Borrower, terminate the Commitments and/or declare the principal amount than then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower hereunder and under the Notes (including any amounts payable under Section 5.05 or 5.06) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower, reduce any claim to judgment and take any other action permitted by law; and (ii2) in the case of the occurrence of an Event of Default referred to in clause (f) or (g) of this SECTION 9 Section 10 with respect to a Borrowerthe Borrower or any Significant Subsidiary, the Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower hereunder and under the Notes (including any amounts payable under Section 5.05 or 5.06) shall automatically become immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:.

THEREUPON. (I) in the case of an Event of Default other than one referred to in clause clauses (f) or (g) of this SECTION 9 with respect Section 11 relating to a the Borrower, the Administrative Agent may andAgent, upon request of the Majority Required Banks, will, shall by notice to such the Borrower, terminate the Commitments and/or declare the principal amount than outstanding of, of and the accrued interest on, on the Loans Accommodations Outstanding and all other amounts payable by such the Borrower hereunder and under the Notes to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such the Borrower; and (iiII) in the case of the occurrence of an Event of Default referred to in clause clauses (f) or (g) of this SECTION 9 with respect Section 11 relating to a the Borrower, the Commitments shall be automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans Accommodations Outstanding and all other amounts payable by such the Borrower hereunder shall become automatically and under the Notes shall automatically become immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such the Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:.

THEREUPON. in the case of an Event of Default other than one referred to in clause (f) or (g) of this SECTION 9 with respect to a Borrower, the Administrative Agent may (and, upon request of if directed by the Majority BanksLenders, will, shall) by notice to such Borrower, terminate the Company (a) declare the Commitments terminated (whereupon the Commitments shall be terminated) and/or (b) declare the principal amount than then outstanding of, of and the accrued interest on, on the Loans and fees and all other amounts payable by such Borrower hereunder and under the Notes to be forthwith due and payable, whereupon such amounts shall be and become immediately due and payable, without other notice, presentment, demand, protest or other formalities of any kind (all of which are hereby expressly waived by the Company); provided that in the case of the occurrence of an Event of Default with respect to the Company referred to in clause (f) or (g) of this Section 10.01, the Commitments shall be automatically terminated and the principal amount then outstanding of and the accrued interest on the Loans and fees and all other amounts payable hereunder and under the Notes shall be and become automatically and immediately due and payable, without notice (including, without limitation, notice of intent to accelerate), presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower; and (ii) in the case of the occurrence of an Event of Default referred to in clause (f) or (g) of this SECTION 9 with respect to a BorrowerCompany. Each Lender hereby agrees that, the Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable unless so requested by such Borrower hereunder and under the Notes shall automatically become immediately due and payable without presentment demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:the

THEREUPON. (1) in the case of an Event of Default other than one referred to in clause paragraph (b), (f) or (g) of this SECTION 9 Section 10 with respect to a Borrowerany Obligor, the Administrative Agent may and, upon request of the Majority Banks, willLenders shall, by notice to such Borrower, terminate the Commitments and/or Company declare the principal amount than then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower the Obligors hereunder and under the Notes (including, without limitation, any amounts payable under Section 5.05 hereof) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrowereach Obligor; and (ii2) in the case of the occurrence of an Event of Default referred to in clause paragraph (b), (f) or (g) of this SECTION 9 Section 10 with respect to a Borrowerany Obligor, the Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower the Obligors hereunder and under the Notes (including, without limitation, any amounts payable under Section 5.05 hereof) shall automatically become immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:each Obligor.

THEREUPON. in the case of an Event of Default other than one referred to in clause (fg) or (gh) of this SECTION Section 9 with respect to a Borrowereither Pledgor, the Administrative Agent may andBorrower or the Lessee, upon request of the Majority Banks, willLender may, by notice to such the Borrower, terminate the Commitments and/or declare the principal amount than then outstanding of, and the accrued interest on, the Loans Loan and all other amounts payable by such the Borrower hereunder and under the Notes Note to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such the Borrower; and (ii) in the case of the occurrence of an Event of Default referred to in clause (fg) or (gh) of this SECTION Section 9 with respect to a Borrowereither Pledgor, the Commitments shall automatically be terminated and Borrower or the Lessee, the principal amount then outstanding of, and the accrued interest on, the Loans Loan and all other amounts payable by such the Borrower hereunder and under the Notes Note shall become automatically become immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such the Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:.

THEREUPON. in the case of an Event of Default other than one referred to in clause (f) or (g) of this SECTION 9 Section 10 with respect to a Borrowerthe Borrower or any Subsidiary Guarantor, the Administrative Agent may and, upon request of the Majority Banks, willBank may, by notice to such the Borrower, terminate the Commitments Commitment and/or declare the principal amount than then outstanding of, and the accrued interest on, the Loans Loan and all other amounts payable by such the Borrower and the Subsidiary Guarantors hereunder and under the Notes Note to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrowerthe Obligors; and (ii2) in the case of the occurrence of an Event of Default referred to in clause (f) or (g) of this SECTION 9 Section 10 with respect to a Borrowerthe Borrower or any Subsidiary Guarantor, the Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans Loan and all other amounts payable by such Borrower the Obligors hereunder and under the Notes Note shall automatically become immediately due and payable without presentment presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:Obligors.

THEREUPON. in the case of an Event of Default other than one referred to in clause (f) or (g) of this SECTION 9 with respect to a BorrowerArticle VI where any petition has been filed, the Administrative Agent Agent, with the consent of the Required Lenders, may and, upon request of the Majority BanksRequired Lenders, willshall, by notice to such the Borrower, terminate the Commitments and/or declare the principal amount than then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such the Borrower and the Guarantors hereunder and under the Notes any other Loan Documents to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, diligence, protest or other formalities of any kind, all of which are hereby expressly waived by the Credit Parties; and (B) in the case of the occurrence of an Event of Default referred to in clause (f) or (g) of this Article VI where any petition has been filed, the Commitments shall be automatically terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by the Borrower and the Guarantors hereunder and under any other Loan Documents shall become automatically immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower; and (ii) in the case of the occurrence of an Event of Default referred to in clause (f) or (g) of this SECTION 9 with respect to a Borrower, the Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Loans and all other amounts payable by such Borrower hereunder and under the Notes shall automatically become immediately due and payable without presentment demand, protest or other formalities of any kind, all of which are hereby expressly waived by such Borrower. Notwithstanding any other provision herein to the contrary, Defaults and Events of Default shall have the following results:Credit Parties.