Common use of Non-Payment Clause in Contracts

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 36 contracts

Samples: Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.)

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Non-Payment. The Borrower fails to pay (ia) when and as required to be paid herein, any amount of principal of any Loan, Loan or (iib) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 29 contracts

Samples: Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (Life Time Group Holdings, Inc.), Credit Agreement (Life Time Group Holdings, Inc.)

Non-Payment. The Borrower Company fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 17 contracts

Samples: Credit Agreement (Mentor Graphics Corp), Year Credit Agreement (Mgic Investment Corp), Bridge Credit Agreement (Mgic Investment Corp)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan Loan, or any Facility Fee or other fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 13 contracts

Samples: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)

Non-Payment. The Borrower fails Borrowers fail to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 11 contracts

Samples: Syndicated Facility Agreement, Syndicated Facility Agreement (DTZ Jersey Holdings LTD), Syndicated Facility Agreement (DTZ Jersey Holdings LTD)

Non-Payment. The Any Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 10 contracts

Samples: Credit Agreement (CONDUENT Inc), Credit Agreement (iHeartCommunications, Inc.), Credit Agreement (ARC Group Worldwide, Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid hereindue, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 7 contracts

Samples: Credit Agreement (99 Cents Only Stores LLC), Credit Agreement (99 Cents Only Stores LLC), Credit Agreement (99 Cents Only Stores LLC)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan Loan, or any undrawn commitment fee, duration fee or other fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 6 contracts

Samples: Senior Bridge Term Loan Agreement, Senior Bridge Term Loan Agreement (McKesson Corp), Senior Bridge Term Loan Agreement (McKesson Corp)

Non-Payment. The Borrower fails to pay within two (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (52) Business Days after the same becomes duedue any amount of principal of any Loan or any L/C Obligation, or any interest on any Loan or on any L/C Obligation, or any commitment fee or other fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 6 contracts

Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Resources Inc), Credit Agreement (Bois D Arc Energy, Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan DocumentDocument or (iii) when and as required to be paid herein, any amount required to be prepaid and/or Cash Collateralized pursuant to the second sentence of Section 2.05(b)(iv); or

Appears in 6 contracts

Samples: And Restatement Agreement, Credit Agreement (Sabre Corp), Credit Agreement (Sabre Corp)

Non-Payment. The Any Borrower fails to pay (i) to pay when and as required to be paid herein, any amount of principal of any the Term Loan, including after maturity, or (ii) to pay within five three (53) Business Days after the same becomes shall become due, any interest on the Term Loan, any Loan fee or any other amount payable hereunder or with respect pursuant to any other Loan Document; or;

Appears in 6 contracts

Samples: Term Loan Agreement (Mediaco Holding Inc.), Term Loan Agreement (Mediaco Holding Inc.), Term Loan Agreement (Mediaco Holding Inc.)

Non-Payment. The Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of or interest on any Loan, including after maturity of the Loans, whether by acceleration or otherwise, or (ii) within five (5) Business Days days after the same becomes shall become due, any interest on any Loan fee or any other amount payable hereunder or with respect pursuant to any other Loan Document; or

Appears in 5 contracts

Samples: Credit Agreement (Esquire Communications LTD), Credit Agreement (Packaged Ice Inc), Credit Agreement (Packaged Ice Inc)

Non-Payment. The Any Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 5 contracts

Samples: Credit Agreement (Clear Channel Communications Inc), Credit Agreement (Clear Channel Communications Inc), Credit Agreement (Clear Channel Communications Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid hereindue and payable, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan Loan, or any fee due hereunder, or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 5 contracts

Samples: Assignment and Assumption (Vulcan Materials CO), Assignment and Assumption (Vulcan Materials CO), Assignment and Assumption (Vulcan Materials CO)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan Loan, any fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Cboe Global Markets, Inc.), Term Loan Credit Agreement (Cboe Global Markets, Inc.), Term Loan Credit Agreement (Cboe Global Markets, Inc.)

Non-Payment. The Borrower Any Borrower, any Loan Party or other Guarantor fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 4 contracts

Samples: Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.)

Non-Payment. The Borrower Borrower, any Loan Party or other Guarantor fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 4 contracts

Samples: Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) three Business Days after the same becomes due, any interest on any Loan Loan, or any fee due hereunder, or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 4 contracts

Samples: Credit Agreement (Voya PRIME RATE TRUST), Credit Agreement (Voya PRIME RATE TRUST), Credit Agreement (Voya PRIME RATE TRUST)

Non-Payment. The Borrower fails to pay shall (i) fail to pay when and as required to be paid herein, any amount of principal of any Loan, ; or (ii) fail to pay within five (5) three Business Days after the same becomes dueshall become due and payable, any amount of interest on any Loan or any fee or other amount payable hereunder or with respect to under any other Loan Document; orDocument or any other Obligation;

Appears in 4 contracts

Samples: 364 Day Credit Agreement (Tyson Foods Inc), 364 Day Credit Agreement (Tyson Foods Inc), 364 Day Credit Agreement (Tyson Foods Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five three (53) Business Days after the same becomes due, any interest on any Loan or on any commitment, utilization or other fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 4 contracts

Samples: Assignment and Assumption Agreement (Arthrocare Corp), Assignment and Assumption Agreement (Arthrocare Corp), Assignment and Assumption Agreement (Arthrocare Corp)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan Loan, or any fee due hereunder, or (iii) within five (5) days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Toro Co), Term Loan Credit Agreement (Toro Co), Term Loan Credit Agreement (Toro Co)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanReimbursement Obligation, or (ii) within five three (53) Business Days after the same becomes shall become due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect pursuant to any other Loan Document; orDocument to which the Borrower is a party;

Appears in 3 contracts

Samples: Letter of Credit Agreement (Brinks Co), Letter of Credit Agreement (Brinks Co), Letter of Credit Agreement (Brinks Co)

Non-Payment. The Any Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any amount of any Letter of Credit Obligation, or (ii) within five (5) Business Days days after the same becomes shall become due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to any other Loan Documenthereunder; or

Appears in 3 contracts

Samples: Credit Agreement (Us Industries Inc), Credit Agreement (Us Industries Inc /De), Credit Agreement (Us Industries Inc)

Non-Payment. The Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any Loan or any amount of interest on any Loan, or (ii) within five three (53) Business Days after the same becomes due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Gentle Dental Service Corp), Credit Agreement (Gentle Dental Service Corp), Credit Agreement (Gentle Dental Service Corp)

Non-Payment. The Borrower fails to pay (i) pay when and as required to be paid herein, any amount of principal of any LoanLoan or any Reimbursement Obligation or deliver any cash collateral or letter of credit required to be delivered pursuant to Section 2.4(b), or (ii) pay within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan Loan, any fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; orDocument (other than an amount specified in clause (i) above);

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Actavis PLC), Assignment and Assumption (Actavis PLC), Actavis Term Loan Credit and Guaranty Agreement (Actavis, Inc.)

Non-Payment. The Borrower fails to pay shall (i) fail to pay when and as required to be paid herein, any amount of principal of any Loan or any amount of interest on any Bid Loan, ; or (ii) fail to pay within five (5) three Business Days after the same becomes dueshall become due and payable, any other interest on any Loan or any fee or other amount payable hereunder or with respect to under any other Loan Document; orDocument or any other Obligation;

Appears in 3 contracts

Samples: Credit Agreement (Ibp Inc), Credit Agreement (Ibp Inc), Credit Agreement (Tyson Foods Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) 3 Business Days after the same becomes due, of when and as required to be paid herein any interest on any Loan Loan, any fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Tortoise Pipeline & Energy Fund, Inc.), Credit Agreement (Tortoise Pipeline & Energy Fund, Inc.), Credit Agreement (Tortoise Energy Infrastructure Corp)

Non-Payment. The Borrower fails to pay the Agent or any Bank, (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days 5 days after the same becomes due, any interest on any Loan interest, fee, or any other amount payable to the Agent or the Banks hereunder or with respect to under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Ugi Corp /Pa/), Credit Agreement (Amerigas Partners Lp), Credit Agreement (Amerigas Partners Lp)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Term Loan or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan Loan, any fee due hereunder or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Pacific Ethanol, Inc.), Assignment and Assumption (Aventine Renewable Energy Holdings Inc), Credit Agreement (Aventine Renewable Energy Holdings Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, herein any amount of principal of any Loan, or (ii) within three (3) Business Days after the same becomes due, any interest on any Loan, or any fee due hereunder, or (iii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five 2 Business Days after receipt of any notice of a drawing under a Letter of Credit, the Unreimbursed Amount with respect to such Letter of Credit or (5iii) within 5 Business Days after the same becomes due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or.

Appears in 3 contracts

Samples: Credit Agreement (Pactiv Corp), Credit Agreement (Pactiv Corp), Credit Agreement (Pactiv Corp)

Non-Payment. The Borrower fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Revolving Credit Loan or the Term Loan, or (ii) pay within five (5) three Business Days after the same becomes due, any interest on any Revolving Credit Loan or the Term Loan, or any fee due hereunder, or (iii) pay within five Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Wintrust Financial Corp), Credit Agreement (Wintrust Financial Corp), Credit Agreement (Wintrust Financial Corp)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) three Business Days after the same becomes due, any interest on any Loan Loan, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 3 contracts

Samples: Day Credit Agreement (Albertsons Inc /De/), Credit Agreement (Albertsons Inc /De/), Credit Agreement (Albertsons Inc /De/)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five three (53) Business Days after the same becomes due, any interest on any Loan or any fees payable hereunder, or (iii) within three (3) Business Days after notice from the Administrative Agent, or other amount amounts payable hereunder or with respect to any other Loan Documenthereunder; or

Appears in 3 contracts

Samples: Term Loan Credit Agreement (GFL Environmental Inc.), Term Loan Credit Agreement (GFL Environmental Holdings Inc.), Credit Agreement (GFL Environmental Holdings Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) two Business Days after the same becomes due, any interest on any Loan or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Related Document; or

Appears in 3 contracts

Samples: Credit Agreement (NorthStar Asset Management Group Inc.), Credit Agreement (Northstar Realty Finance Corp.), Credit Agreement (NorthStar Asset Management Group Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan Loan, or any facility or other fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp)

Non-Payment. The Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) two Business Days after the same becomes due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Storage Technology Corp), Credit Agreement (Storage Technology Corp), Credit Agreement (Montgomery Ward Holding Corp)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within five (5) three Business Days after the same becomes due, any interest on any Loan Loan, any commitment or other fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Sunoco Logistics Partners L.P.), Credit Agreement (Sunoco Logistics Partners L.P.), Credit Agreement (Sunoco Logistics Partners L.P.)

Non-Payment. The Borrower fails shall fail to pay (i) any principal of any Loan when and as required to be paid hereinthe same shall become due and payable, any amount of principal of any Loan, whether at the due date thereof or at a date fixed for prepayment or otherwise payment is made within three (ii) within five (53) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; orof its due date.

Appears in 3 contracts

Samples: Assignment Agreement (Bristow Group Inc.), Assignment Agreement (Bristow Group Inc.), Search and Rescue (Bristow Group Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan Loan, or any undrawn, funding or other fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp)

Non-Payment. The Borrower or the Guarantor fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Istar Inc.), Credit Agreement (Safehold Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan Loan, or any fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Broadcom Inc.), Credit Agreement (Broadcom Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan Loan, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Plum Creek Timber Co Inc), Credit Agreement (Plum Creek Timber Co Inc)

Non-Payment. The Borrower fails Borrowers fail to pay (i) when and as required to be paid hereinpaid, any amount of principal or interest of any Loan, Loan or (ii) any other Obligation within five (5) Business Days after notice from the Lender that the same becomes is past due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 2 contracts

Samples: Bridge Loan Agreement (Five Star Quality Care Inc), Bridge Loan Agreement (Senior Housing Properties Trust)

Non-Payment. The Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any Revolving Loan, or (ii) within five three (53) Business Days days after the same becomes shall become due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect pursuant to any other Revolving Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Healthcare Compare Corp/De/), Credit Agreement (Healthcare Compare Corp/De/)

Non-Payment. The Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or.

Appears in 2 contracts

Samples: Credit Agreement (Grainger W W Inc), Credit Agreement (Grainger W W Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loanthe Loans, or (ii) within five (5) Business Days days after the same becomes due, any interest on the Loans, or any Loan commitment or other fee due hereunder, or (iii) within five (5) days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (PHX Minerals Inc.), Credit Agreement (Panhandle Oil & Gas Inc)

Non-Payment. The A Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or.

Appears in 2 contracts

Samples: Multicurrency Credit Agreement (Briggs & Stratton Corp), Multicurrency Credit Agreement (Briggs & Stratton Corp)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, make any amount payment of principal of any Loanwhen due or to make, or (ii) within five (5) Business Days 5 days after the same becomes due, payment of any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Adc Telecommunications Inc), Administration Agreement (Adc Telecommunications Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of or interest on any Loan, including after maturity of the Loans, whether by acceleration or otherwise, or (ii) within five ten (510) Business Days days after the same becomes shall become due, any interest on any Loan fee or any other amount payable hereunder or with respect pursuant to any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (WII Components, Inc.), Credit Agreement (PrimeWood, Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five three (53) Business Days after the same becomes due, any interest on any Loan or any fee due hereunder, or (iii) within five (5) Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Factset Research Systems Inc), Credit Agreement (Factset Research Systems Inc)

Non-Payment. The Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any amount of any Letter of Credit Obligation, or (ii) within five (5) three Business Days after the same becomes shall become due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect pursuant to any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Globe Manufacturing Corp), Credit Agreement (Globe Manufacturing Corp)

Non-Payment. The Any Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or.

Appears in 2 contracts

Samples: Credit Agreement (Smith a O Corp), Credit Agreement (Smith a O Corp)

Non-Payment. The Borrower fails to pay make (i) when and as required to be paid made herein, payments of any amount of principal of any Loan, Loan or (ii) within five (5) Business Days days after the same becomes due, payment of any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Fidelity National Financial Inc /De/), Evenflo & Spalding Holdings Corp

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Term Loan or (ii) within five (5) three Business Days after the same becomes due, any interest on any Loan Term Loan, any fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Assignment and Assumption (Quest Energy Partners, L.P.), Assignment and Assumption (Quest Resource Corp)

Non-Payment. The Any Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any LoanLoan or any interest on any Loan or other fee due hereunder, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit and Security Agreement (Katy Industries Inc), Credit and Security Agreement (Katy Industries Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) four Business Days after the same becomes due, any interest on any Loan Loan, or any facility, utilization or other fee due hereunder, or (iii) within five Business Days after written notice of such failure shall been given to the Borrower by the Administrative Agent or any Lender, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Revolving Credit Agreement (Pmi Group Inc), Revolving Credit Agreement (Pmi Group Inc)

Non-Payment. The Either Borrower fails to pay (i) when and as required to be paid herein, herein any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any amount of interest on any Loan Loan, or any L/C Obligation, or any commitment or other fee due hereunder or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Libbey Inc), Credit Agreement (Libbey Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Nexeo Solutions Holdings, LLC), Security Agreement (Nexeo Solutions Finance Corp)

Non-Payment. The Borrower fails to pay (i) pay when and as required to be paid herein, any amount of principal of any LoanLoan or deliver any cash collateral or letter of credit required to be delivered pursuant to Section 2.4(b), or (ii) pay within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Chinos Holdings, Inc.), Credit Agreement (J Crew Group Inc)

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Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of or interest on any LoanLoan from Collections, (ii) any Overadvance Amount for a period of one Business Day, or (iiiii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Transaction Document; or

Appears in 2 contracts

Samples: Insured Receivables Credit Agreement (Sungard Data Systems Inc), Bridge Receivables Credit Agreement (Sungard Data Systems Inc)

Non-Payment. The Borrower fails to pay make, (i) when and as required to be paid made herein, payments of any amount of principal of any Loan, or (ii) within five (5) Business Days three days after the same becomes due, payment of any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Pma Capital Corp), Credit Agreement (Odyssey Re Holdings Corp)

Non-Payment. The Borrower fails to pay (ia) when and as required to be paid herein, any amount of principal of any Loan, Loan or (iib) within five (5) Business Days after the same becomes due, any interest on any Loan Loan, fee, premium (including the Prepayment Premium) or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Torrid Holdings Inc.), Term Loan Credit Agreement (Torrid Holdings Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within five (5) Business Days three days after the same becomes due, any interest on any Loan Loan, any fee due hereunder or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Term Loan Agreement, Term Loan Agreement (ING U.S., Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan Loan, or any commitment or other fee due hereunder or (iii) within ten days after written notice thereof, any other amount payable hereunder or with respect to any other Loan Documentdue hereunder; or

Appears in 2 contracts

Samples: Credit Agreement (Timken Co), Assignment and Assumption (Timken Co)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Term Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan Term Loan, or any fee due hereunder, or (iii) within five (5) Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Citrix Systems Inc), Term Loan Credit Agreement (Citrix Systems Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan, Loan or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan Loan, any fee due hereunder or any other amount payable hereunder or with respect to under any other Loan Document; orDocument (other than an amount specified in clause (i) above);

Appears in 2 contracts

Samples: Assignment and Assumption (Warner Chilcott LTD), Assignment and Assumption (Warner Chilcott LTD)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five three (53) Business Days days after the same becomes due, any interest on any Loan or any fee due hereunder, or (iii) within five (5) days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Solarcity Corp)

Non-Payment. The Any Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any LoanLoan made to such Borrower, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan interest, fee or any other amount payable by such Borrower hereunder or with respect to under any other Loan DocumentDocument to which it is a party; or

Appears in 2 contracts

Samples: Multicurrency Credit Agreement (Middleby Corp), Multicurrency Credit Agreement (Middleby Corp)

Non-Payment. The Borrower fails to pay pay, (i) when and as ----------- required to be paid herein, any amount of principal of any LoanLoan or any amount of any Letter of Credit Obligation, or (ii) within five (5) Business Days days after the same becomes dueshall become due and payable, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to any other Loan Documenthereunder; or

Appears in 2 contracts

Samples: Credit Agreement (Nexstar Broadcasting of the Wichita Falls LLC), Credit Agreement (Nexstar Finance Holdings LLC)

Non-Payment. The Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Assignment Agreement (Firstmerit Corp /Oh/), Credit Agreement (Waterlink Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) two Business Days after the same becomes due, any interest on any Loan Loan, or any fee due hereunder as contemplated by Section 2.11, or (iii) within three Business Days after notice thereof, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: First Amendment (Total System Services Inc), Credit Agreement (Total System Services Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan, any fee due hereunder or under any other Loan Document or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Dayton Power & Light Co), Credit Agreement (DPL Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, herein any amount of principal of any Loan, or (ii) within five (5) two Business Days after the same becomes due, any interest on any Loan Loan, any fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Warner Bros. Discovery, Inc.), Credit Agreement (At&t Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan Loan, or any Commitment Fee or other fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Fidelity National Financial, Inc.), Term Loan Credit Agreement (Fidelity National Financial, Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Term Loan, or (ii) within five (5) three Business Days after the same becomes due, any interest on any Loan Term Loan, or any fee due hereunder or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Health Net Inc), Term Loan Credit Agreement (Health Net Inc)

Non-Payment. The Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five three (53) Business Days days after the same becomes due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Mail Well Inc), Credit Agreement (Mail Well Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within five (5) Business Days ten days after the same becomes due, any interest on any Loan Loan, any commitment or other fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Williams Energy Partners L P), Credit Agreement (Williams Energy Partners L P)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any the Term Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any the Term Loan or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Term Loan Agreement (Plum Creek Timber Co Inc), Term Loan Agreement (Plum Creek Timber Co Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) three Business Days after the same becomes due, any interest on any Loan or any fee due hereunder, or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Factset Research Systems Inc), Credit Agreement (Station Casinos Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan Loan, or any Facility Fee or other fee due hereunder, or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (ONE Gas, Inc.), Credit Agreement (ONE Gas, Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, upon acceleration or otherwise, any amount of principal of any Loan, or (ii) within five three (53) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (eHealth, Inc.), Credit Agreement (eHealth, Inc.)

Non-Payment. The Borrower fails to pay (i) pay, when and as required to be paid herein, any amount of principal of any Loan, or (ii) shall fail to pay within five (5) two Business Days after of the same becomes duedue date hereof any interest, any interest on any Loan fees or any other amount payable hereunder or with respect pursuant to any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cinemark Usa Inc /Tx)

Non-Payment. The Any Borrower fails to pay (i) when and due or as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan Loan, or any fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (KKR Financial Holdings LLC), Credit Agreement (KKR Financial Holdings LLC)

Non-Payment. The Borrower Any Obligor fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within five three (53) Business Days (to the extent such delay arises from a technical or administrative problem) after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Igate Corp), Credit Agreement (Igate Corp)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) three Business Days after the same becomes due, any interest on any Loan Loan, or any fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Ebay Inc), Credit Agreement (Ebay Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan Loan, any fee due hereunder, or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.)

Non-Payment. The Borrower or the General Partner fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days 5 days after the same becomes due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Ferrellgas Partners Finance Corp), Term Revolving Credit Agreement (Ferrellgas Partners Finance Corp)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid hereindue and payable, any amount of principal of any Term Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan Term Loan, or any fee due hereunder, or (iii) within five (5) Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Assignment and Assumption (Vulcan Materials CO), Term Loan Credit Agreement (Vulcan Materials CO)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) three Business Days after the same becomes due, any interest on any Loan Loan, or any ticking fee or other fee due hereunder, or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Bridge Loan Agreement (Health Net Inc), Bridge Loan Agreement (Health Net Inc)

Non-Payment. The Any Borrower fails to pay pay, (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) 3 Business Days after the same becomes due, any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 2 contracts

Samples: Term Credit Agreement (Schawk Inc), Multicurrency Credit Agreement (Schawk Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan Loan, any reimbursement obligations in respect of any drawing under a Letter of Credit or any other amount regularly scheduled fees payable hereunder hereunder, or with respect to (iii) within 30 days after the same becomes due, any other Loan Documentfees, expenses and other amounts due hereunder; or

Appears in 2 contracts

Samples: Credit Agreement (Solo Brands, Inc.), Credit Agreement (Solo Brands, Inc.)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, herein any amount of principal of any Loan, or (ii) within five (5) three Business Days after the same becomes due, any interest on any Loan or any fee due hereunder, or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 1 contract

Samples: Term Loan Agreement (Albemarle Corp)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, or (ii) within five (5) Business Days after days of the same becomes date when due, any interest on any Loan Loan, or any commitment or other fee due hereunder, or (iii) within ten (10) days of the date when due, any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 1 contract

Samples: Credit Agreement (Scheid Vineyards Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any the Loan, or any interest on the Loan within three (ii) within five (53) Business Days after the same becomes duedue date thereof, any interest on any Loan fee due hereunder or any other amount payable hereunder or with respect to under any other Loan DocumentDocument within three (3) Business Days after the due date thereof; or

Appears in 1 contract

Samples: Credit Agreement (Fuelcell Energy Inc)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan, Loan or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or any other amount payable hereunder or with respect to any other Loan Document; or

Appears in 1 contract

Samples: Intercreditor Agreement (LVB Acquisition, Inc.)

Non-Payment. The Borrower fails to pay make (i) when and as required to be paid made herein, payments of any amount of principal of any Loan, or (ii) within five (5) Business Days after the same becomes due, payment of any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 1 contract

Samples: Credit Agreement (Albertsons Inc /De/)

Non-Payment. The Either Borrower fails to pay make, (i) when and as required to be paid made herein, payments of any amount of principal of any Loan, or (ii) within five (5) Business Days 5 days after the same becomes due, payment of any interest on any Loan interest, fee or any other amount payable hereunder or with respect to under any other Loan Document; or

Appears in 1 contract

Samples: Credit Agreement (Zemex Corp)

Non-Payment. The Borrower fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan, or (ii) within five (5) Business Days days after the same becomes due, any interest on any Loan Loan, any fee due hereunder or any other amount payable hereunder or with respect to under any other Loan Document; orDocument (other than an amount specified in clause (i) above);

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Warner Chilcott LTD)

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