Common use of Non-Payment Clause in Contracts

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 7 contracts

Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Wiley John & Sons, Inc.), Credit Agreement (Herbalife Ltd.)

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Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, any commitment fee or any other fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 6 contracts

Samples: Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)

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

Appears in 6 contracts

Samples: Credit Agreement (Potlatchdeltic Corp), Credit Agreement (Potlatchdeltic Corp), Credit Agreement (Potlatch Corp)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when due, any amount of principal of any Loan, (ii) when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation, required to be prepaid and/or cash collateralized pursuant to Section 2.06(b)(vii) or (iiiii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 6 contracts

Samples: Credit Agreement (Latham Group, Inc.), Credit Agreement (Latham Group, Inc.), Credit Agreement (Latham Group, Inc.)

Non-Payment. Any A Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation, or (ii) pay within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 6 contracts

Samples: Credit Agreement (USD Partners LP), Credit Agreement (USD Partners LP), Security Agreement (USD Partners LP)

Non-Payment. Any The Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or (ii) within three Business Days after the same becomes due, any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 6 contracts

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

Non-Payment. Any Borrower The Borrowers or any other Loan Party fails to pay (i) when and as required to be paid herein, and in the currency required hereunderpaid, any amount of principal of of, any Loan or any L/C Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five Business Days three (3) days after the same becomes is due, any amount of interest due on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 6 contracts

Samples: Credit Agreement (Lands' End, Inc.), Credit Agreement (Lands' End, Inc.), Credit Agreement (Lands' End, Inc.)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder(iii) within five Business Days after the same becomes due, or any other amount payable hereunder or under any other Loan Document; or

Appears in 6 contracts

Samples: Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the any currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation (whether upon demand at maturity, by reason of acceleration or otherwise) or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 6 contracts

Samples: Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C ObligationBorrowing, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any Loan Party fails to or deposit any funds as Cash Collateral in respect of L/C Obligations, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 6 contracts

Samples: Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Mission Broadcasting Inc), Credit Agreement (Nexstar Broadcasting Group Inc)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 6 contracts

Samples: Credit Agreement (Core Laboratories N V), Assignment and Assumption (Core Laboratories N V), Credit Agreement (Core Laboratories N V)

Non-Payment. Any The Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days three days after the same becomes due, and in the currency required hereunder, any interest on any Loan or on any L/C Obligation, or any facility, utilization or other fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 6 contracts

Samples: Assignment and Assumption (Tech Data Corp), Credit Agreement (Tech Data Corp), Credit Agreement (Tech Data Corp)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any facility or other fee due hereunder, or (iii) within three Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 5 contracts

Samples: Credit Agreement (Jacobs Solutions Inc.), Credit Agreement (Jacobs Engineering Group Inc /De/), Credit Agreement (Jacobs Engineering Group Inc /De/)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days after the same becomes due, 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 under any other Loan Document; or

Appears in 5 contracts

Samples: Credit Agreement (Teledyne Technologies Inc), Credit Agreement (Teledyne Technologies Inc), Credit Agreement (Teledyne Technologies Inc)

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

Appears in 5 contracts

Samples: Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable due hereunder or under any other Loan Document,; or

Appears in 5 contracts

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

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 5 contracts

Samples: Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, Obligation (other than any Unreimbursed Amount repaid with the proceeds of Revolving Credit Loans made pursuant to Section 2.03(c)(i)) or (ii) within five Business Days (5) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 5 contracts

Samples: Credit Agreement and Extension Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Non-Payment. Any The Borrower or any other Loan Party 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 any L/C C-BA Obligation, or (ii) within five three Business Days after the same becomes due, any interest on any Loan or on any L/C C-BA Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 5 contracts

Samples: Credit Agreement (SunEdison Semiconductor LTD), Credit Agreement (Sunedison, Inc.), Credit Agreement (SunEdison Semiconductor LTD)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days after three (3) days of when and as required to be paid herein, and in the same becomes duecurrency required hereto, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan DocumentDocument or any other Obligations or Indebtedness owed to any Lender; or

Appears in 5 contracts

Samples: Credit Agreement (Allient Inc), Credit Agreement (Allied Motion Technologies Inc), Credit Agreement (Allied Motion Technologies Inc)

Non-Payment. Any The Borrower or any other Loan Credit Party 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 any L/C Obligation, or (ii) within five three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any regularly accruing fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Credit Document; or

Appears in 4 contracts

Samples: Credit Agreement (HSN, Inc.), Credit Agreement (Interval Leisure Group, Inc.), Credit Agreement (Interval Leisure Group, Inc.)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, Obligation or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 4 contracts

Samples: Credit Agreement (Watts Water Technologies Inc), Credit Agreement (Watts Water Technologies Inc), Credit Agreement (Watts Water Technologies Inc)

Non-Payment. Any Co-Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationBorrowing or deposit any funds as Cash Collateral, or (ii) pay within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 4 contracts

Samples: Credit Agreement (Marlin Midstream Partners, LP), Credit Agreement (Marlin Midstream Partners, LP), Credit Agreement (Marlin Midstream Partners, LP)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Revolving Credit Loan (including Swingline Loans), or any L/C Obligationreimbursement obligation in respect of any Letter of Credit Disbursement, or (ii) within five (5) Business Days after the same becomes due, any interest on any Revolving Credit Loan or on any L/C Obligation, or any fee due hereunder, (including Swingline Loans) or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 4 contracts

Samples: Credit Agreement (Gymboree Corp), Credit Agreement (Gym-Card, LLC), Credit Agreement (Michaels Stores Inc)

Non-Payment. Any The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation or deposit any funds as Cash Collateral as and when required hereunder, or (ii) pay within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 4 contracts

Samples: Credit Agreement (Parexel International Corp), Credit Agreement (Parexel International Corp), Credit Agreement (Parexel International Corp)

Non-Payment. Any Borrower or (any other Loan Party Party, as applicable) 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 any L/C ObligationLoan, or (ii) within five Business Days (5) days after the same becomes due, any interest on any Loan or on any L/C ObligationLoan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 4 contracts

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

Non-Payment. Any Borrower The Borrowers or any other Loan Party fails to pay (i) when and as required to be paid hereinpaid, and in the currency required hereunder, (i) any amount of principal of of, any Loan or any L/C Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, Obligation or any fee due hereunderhereunder which failure continues for three (3) Business Days, or (iii) any other amount payable hereunder or under any other Loan DocumentDocument which failure continues for five (5) Business Days; or

Appears in 4 contracts

Samples: Credit Agreement (LL Flooring Holdings, Inc.), Credit Agreement (Lumber Liquidators Holdings, Inc.), Credit Agreement (Lumber Liquidators Holdings, Inc.)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, (i) any amount of principal of any Loan or any L/C Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, which failure continues for two (2) Business Days, or (iii) any other amount payable hereunder or under any other Loan DocumentDocument which failure continues for two (2) Business Days; or

Appears in 4 contracts

Samples: Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc)

Non-Payment. Any The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, (i) any amount of principal of any Loan or any L/C Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, which failure continues for three Business Days, or (iii) any other amount payable hereunder or under any other Loan Document, which failure continues for three Business Days; or

Appears in 4 contracts

Samples: Credit Agreement (Foot Locker, Inc.), Security Agreement (Foot Locker, Inc.), Credit Agreement (Foot Locker Inc)

Non-Payment. Any The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 4 contracts

Samples: Credit Agreement (Sylvamo Corp), Syndicated Facility Agreement (Kbr, Inc.), Credit Agreement (Kbr, Inc.)

Non-Payment. Any The Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 4 contracts

Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)

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

Appears in 4 contracts

Samples: Credit Agreement (Warner Chilcott PLC), Credit Agreement (Warner Chilcott PLC), Credit Agreement (Warner Chilcott CORP)

Non-Payment. Any The Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 4 contracts

Samples: Credit Agreement (Mantech International Corp), Credit Agreement (Mantech International Corp), Credit Agreement (Mantech International Corp)

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

Appears in 4 contracts

Samples: Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 4 contracts

Samples: Credit Agreement (Curtiss Wright Corp), Credit Agreement (Curtiss Wright Corp), Credit Agreement (Curtiss Wright Corp)

Non-Payment. Any The Borrower or any other Loan Party fails fail to pay (i) when and as required to be paid herein, herein and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five Business Days three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

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

Non-Payment. Any The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation, or (ii) pay within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan DocumentDocument or deposit any funds as Cash Collateral in respect of L/C Obligations; or

Appears in 3 contracts

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

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, 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 under any other Loan Document; or

Appears in 3 contracts

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

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, Unreimbursed Amount (to the extent that such Unreimbursed Amount has not been refinanced by a Revolving Credit Borrowing in accordance with Section 2.03(c)) or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 3 contracts

Samples: Security Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.), Security Agreement (Bloomin' Brands, Inc.)

Non-Payment. Any The Parent Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, herein and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five Business Days (5) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Lululemon Athletica Inc.), Credit Agreement (Lululemon Athletica Inc.), Credit Agreement (Lululemon Athletica Inc.)

Non-Payment. Any The Borrower or any other Loan Party 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, any L/C Borrowing or any L/C Obligation, or (ii) within five Business Days days after the same becomes due, any interest on any Loan Loan, on any any L/C Borrowing or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

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

Non-Payment. Any The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Assignment and Assumption (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)

Non-Payment. Any Borrower or any other Loan Party fails shall fail 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 L/C Obligation when the same becomes due and payable; or (ii) any interest on any Loan or any L/C Obligation, any fees or (ii) any other amounts payable under this Agreement or any other Loan Document within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Documentand payable; or

Appears in 3 contracts

Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp)

Non-Payment. Any The Borrower or any other Loan Party 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 any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five Business Days three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereinhereunder, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Flex Ltd.), Credit Agreement (Flextronics International Ltd.), Credit Agreement (Flextronics International Ltd.)

Non-Payment. Any Borrower DeVry or any other Loan Party 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 any L/C Obligation, or (ii) within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any commitment or other fee due hereunder, or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (Devry Education Group Inc.), Credit Agreement (Devry Inc), Credit Agreement (Devry Inc)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, herein and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within five Business Days three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Credit Agreement (C&J Energy Services Ltd.), Credit Agreement (C&J Energy Services Ltd.), Credit Agreement (C&J Energy Services Ltd.)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C ObligationLoan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 3 contracts

Samples: Term Loan Agreement (Thermo Fisher Scientific Inc.), Term Loan Agreement (Thermo Fisher Scientific Inc.), Bridge Credit Agreement (Thermo Fisher Scientific Inc.)

Non-Payment. Any The Borrower or any other Loan Party fails shall fail 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 any L/C Obligation, Obligation when due in accordance with the terms thereof or (ii) within five Business Days after hereof; or the same becomes due, Borrower or any Loan Party shall fail to pay any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or, within five days after any such interest or other amount becomes due in accordance with the terms thereof or hereof;

Appears in 3 contracts

Samples: Credit Agreement (L 3 Communications Corp), Credit Agreement (L 3 Communications Holdings Inc), Credit Agreement (L 3 Communications Holdings Inc)

Non-Payment. Any The Borrower or any other Loan Party 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 any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any Facility Fee or other fee due hereunder, or any other amount payable hereunder or under any other Loan Document; oror (b)

Appears in 3 contracts

Samples: Credit Agreement (F&G Annuities & Life, Inc.), Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C ObligationLoan, or (ii) within five Business Days three days after the same becomes due, any interest on any Loan or on any L/C Obligationcommitment facility, utilization or any other fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Danaher Corp /De/), Credit Agreement (Danaher Corp /De/)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C ObligationLoan, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C ObligationLoan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Asset Based Revolving Credit Agreement (Contura Energy, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligationreimbursement obligation in respect of any LC Disbursement (except to the extent expected to be reimbursed with the making of Revolving Loans pursuant to Section 2.04(e)(i)), or (ii) within five ten Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

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

Non-Payment. Any Borrower or any other Loan Party 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 any L/C ObligationObligation (other than any Unreimbursed Amount repaid with the proceeds of Revolving Credit Loans made pursuant to Section 2.03(c)(i)), or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/)

Non-Payment. Any The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, and or in the currency required hereunderany L/C Document, any amount of principal of any Loan or any L/C Obligation, and in the currency required hereunder, or (ii) within five Business Days three days after the same becomes due, any interest on any Loan or on any L/C ObligationLoan, or any Commitment Fee, Letter of Credit Fee or other fee due hereunder, or (iii) within three days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

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

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days after the same becomes duewhen and as required to be paid herein, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) when and as required to be paid herein, any other amount payable hereunder or under any other Loan Document, which failure to pay is not cured within five (5) days of the applicable due date; or

Appears in 2 contracts

Samples: Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp)

Non-Payment. Any The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan Loan, or any L/C Obligationreimbursement obligation in respect of any Letter of Credit Disbursement, (ii) deposit any funds as Cash Collateral as and when required, or (iiiii) within five three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

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

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Non-Payment. Any The Borrower or any other Loan Party (i) fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, (A) any amount of principal of any Loan or any L/C Obligation, or (iiB) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or (ii) fails to pay within three Business Days after the same becomes due, (A) any fee due hereunderhereunder or in any Loan Document or, or (B) any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Media General Inc), Credit Agreement (Media General Inc)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, herein and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five Business Days three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Movado Group Inc), Credit Agreement (Movado Group Inc)

Non-Payment. Any The Borrower or any other Loan Party 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 any L/C Obligation, Unreimbursed Amount (to the extent that such Unreimbursed Amount has not been refinanced by a Revolving Credit Borrowing in accordance with Section 2.03(c)) or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Samples: Agreement and Security Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.)

Non-Payment. Any The Company, the Foreign Borrower or any other Loan Party Party, as applicable, 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 any L/C Obligation, or (ii) within the earlier of (A) five calendar days or (B) three Business Days after notice, that the same becomes due, any interest on any Loan or on any L/C Obligation, or any commitment fee due hereunder, or any other amount payable fees or amounts due hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Commercial Metals Co), Credit Agreement (Commercial Metals Co)

Non-Payment. Any Borrower or any other Loan Party 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, any L/C Obligation or any Canadian L/C Obligation, or (ii) within five Business Days three days after the same becomes due, any interest on any Loan Loan, any L/C Obligation or on any Canadian L/C Obligation, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc)

Non-Payment. Any The Borrower or any other Loan Party 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 any L/C Obligationthe Loan, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligationthe Loan, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit and Security Agreement, Credit and Security Agreement (Ata Holdings Corp)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, (i) any amount of principal of on any Loan or any L/C Obligation, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any fee due or other amount payable (or any deposit of funds as Cash Collateral in respect of L/C Obligation, or any fee due hereunder, or any other amount payable Obligations to the extent required by this Agreement) hereunder or under any other Loan Document; or;

Appears in 2 contracts

Samples: Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereinpursuant to this Agreement or any other Loan Document, and in the currency required hereunder, (i) any amount of principal of any Loan or any L/C ObligationLetter of Credit Liabilities, or (ii) within five one (1) Business Days Day after the same becomes due, any interest on any Loan or on any L/C ObligationLetter of Credit Liabilities, or any commitment fee, utilization fee or other fee due hereunder, or (iii) within five (5) Business Day after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (AdaptHealth Corp.), Credit and Guaranty Agreement (AdaptHealth Corp.)

Non-Payment. Any Borrower or any other Loan Party 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, any L/C Obligation or any Canadian L/C Obligation, or (ii) within five three Business Days after the same becomes due, any interest on any Loan Loan, any L/C Obligation or on any Canadian L/C Obligation, or any fee due hereunder, or (iii) within five Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc)

Non-Payment. Any Borrower or any other Loan Party 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 (including Swingline Loans), or any L/C Obligationobligation in respect of any Letter of Credit (other than Letter of Credit Fees and Fronting Fees, as to which clause (ii) below shall apply), or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, (including Swingline Loans) or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Michaels Companies, Inc.), Credit Agreement (Michaels Companies, Inc.)

Non-Payment. Any The Borrower or any other Loan Party 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, any L/C Borrowing or any L/C Obligation, or (ii) within five Business Days days after the same becomes due, any interest on any Loan Loan, on any L/C Borrowing or on any L/C Obligation, or any fee due hereunder, or any other amount (excluding, for the avoidance of doubt, any Unreimbursed Amount) payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as due (whether by scheduled maturity, required to be paid hereinprepayment, and in the currency required hereunderacceleration, demand, or otherwise), any amount of principal of any Loan or any L/C ObligationBorrowing, or (ii) within five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, payable pursuant to Section 2.09 or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Universal Hospital Services Inc)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C ObligationLoan, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C ObligationLoan, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

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

Non-Payment. Any The Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Possession Credit Agreement (Sunedison, Inc.), Possession Credit Agreement (Sunedison, Inc.)

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

Appears in 2 contracts

Samples: Revolving Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)

Non-Payment. Any Borrower The Borrowers or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan Loan, or any L/C Obligationreimbursement obligation in respect of any Letter of Credit Disbursement, (ii) deposit any funds as Cash Collateral as and when required, or (iiiii) within five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Revolve Group, Inc.), Credit Agreement (Advance Holdings, LLC)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days after the same becomes due, 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 under any other Loan DocumentDocument or under any Swap Contract constituting part of the Obligations; or

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Playboy Enterprises Inc), Assignment and Assumption Agreement (Playboy Enterprises Inc)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) within ten days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Aecom Technology Corp), Credit Agreement (Aecom Technology Corp)

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

Appears in 2 contracts

Samples: Credit Agreement (Signet Jewelers LTD), Credit Agreement (Signet Jewelers LTD)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, LC Exposure or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C ObligationLC Exposure, or any fee due hereunder, hereunder or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Credit Agreement (Watts Water Technologies Inc), Credit Agreement (Watts Water Technologies Inc)

Non-Payment. Any The Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or.

Appears in 2 contracts

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

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, (i) any amount of principal of any Loan or any L/C Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, which failure continues for three (3) Business Days, or (iii) any other amount payable hereunder or under any other Loan DocumentDocument which failure continues for five (5) Business Days; or

Appears in 2 contracts

Samples: And Senior Secured (Quiksilver Inc), Credit Agreement (Quiksilver Inc)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or.

Appears in 2 contracts

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

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, Obligation or (ii) within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

Samples: Asset Based Revolving Credit Agreement (Warrior Met Coal, Inc.), Asset Based Revolving Credit Agreement (Warrior Met Coal, LLC)

Non-Payment. Any Borrower The Borrowers or any other Loan Party fails fail to pay (i) when and as required to be paid herein, herein and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) within five Business Days three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 2 contracts

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

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, herein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation, or (ii) within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) within ten Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Samples: Credit Agreement (Fortress Investment Group LLC)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C ObligationLoan, or (ii) within five three (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; orany

Appears in 1 contract

Samples: Credit Agreement (Danaher Corp /De/)

Non-Payment. Any The Company, the Foreign Borrower or any other Loan Party Party, as applicable, 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 any L/C Obligation, or (ii) within the earlier of (A) five calendar days or (B) two Business Days after notice, that the same becomes due, any interest on any Loan or on any L/C Obligation, or any facility fee due hereunder, or any other amount payable fees or amounts due hereunder or under any other Loan Document; or

Appears in 1 contract

Samples: Credit Agreement (Commercial Metals Co)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationObligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Samples: Security Agreement (Asyst Technologies Inc)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereinpursuant to this Agreement or any other Loan Document, and in the currency required hereunder, (i) any amount of principal of any Loan or any L/C ObligationLetter of Credit Liabilities, or (ii) within five [***] Business Days after the same becomes due, any interest on any Loan or on any L/C ObligationLetter of Credit Liabilities, or any commitment fee, utilization fee or other fee due hereunder, or (iii) within [***] Business Day after the same becomes due, any other amount payable hereunder or under any other Loan Document; oror (b)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Mesa Air Group Inc)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when and as required to be paid hereinpursuant to this Agreement or any other Loan Document, and in the currency required hereunder, (i) any amount of principal of any Loan, any interest on any Loan or any L/C Obligationcommitment fee, utilization fee or other fee due hereunder, or (ii) within five (5) Business Days Day after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Potbelly Corp)

Non-Payment. Any Borrower The Borrowers or any other Loan Credit Party fails fail 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 any L/C Obligation, or (ii) within five Business Days three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Credit Document; or

Appears in 1 contract

Samples: Credit Agreement (Tempur Pedic International Inc)

Non-Payment. Any The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, herein or any amount of principal of any Loan or any L/C Obligation, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or125

Appears in 1 contract

Samples: Credit Agreement (Cambium Networks Corp)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C Obligation, Obligation or any amount owing under Section 2.12(b)(i); (ii) within five Business Days three days after notice that the same becomes dueis due and unpaid, any interest on any Loan or on any L/C Obligation, or any fee due hereunder; or (iii) within five days after notice that the same is due and unpaid, or any other amount payable hereunder or under any other Loan Document; or

Appears in 1 contract

Samples: Guaranty Agreement (Shurgard Storage Centers Inc)

Non-Payment. Any The Borrower or any other Loan Credit Party 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 any L/C Obligation, or (ii) within five Business Days days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Credit Document; or

Appears in 1 contract

Samples: Credit Agreement (Ptek Holdings Inc)

Non-Payment. Any The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, and in the currency required hereunder, herein (i) any amount of principal of any Loan or any L/C ObligationLoan, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunderhereunder which failure continues for one (1) Business Day, or (iii) any other amount payable hereunder or under any other Loan DocumentDocument which failure continues for three (3) Business Days; or

Appears in 1 contract

Samples: Possession Credit Agreement (Quiksilver Inc)

Non-Payment. Any Borrower or any other Loan Party 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 any L/C C-B/A Obligation, or (ii) within five three Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; orinterest

Appears in 1 contract

Samples: Execution Version Credit Agreement (Columbus McKinnon Corp)

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

Appears in 1 contract

Samples: Credit Agreement (Snyder's-Lance, Inc.)

Non-Payment. Any Borrower or any other Loan Party fails to pay (i) when due and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C ObligationCash Collateral required pursuant to Section 2.03(k), or (ii) within five Business Days after the same becomes duedue and payable, any interest on any Loan or on any L/C Obligation, any L/C Obligation or any fee due hereunder, or any other amount payable hereunder or under with respect to any other Loan Document; or

Appears in 1 contract

Samples: Credit Agreement (Xura, Inc.)

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