Common use of Acceleration on Payment Default Clause in Contracts

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(a) or Section 8.1(b), and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a), any holder of Notes who or that shall have not consented to any waiver with respect to such Event of Default may, at its option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the Notes and all other amounts due under the Financing Documents.

Appears in 9 contracts

Samples: Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc)

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Acceleration on Payment Default. During Subject to Section 7.7, during the existence of an Event of Default described in Section 8.1(a) or Section 8.1(b6.1(a), and irrespective of whether the Notes then outstanding shall have been declared to be become due and payable pursuant to Section 8.2(a6.2(a)(i)(B), any holder of Notes who or that which shall have not consented to any waiver with respect to such Event of Default may, at his or its option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by law, the Make-Whole Prepayment Compensation Amount at such time with respect to such principal amount of the Notes and all other amounts due under the Financing Documentssuch Notes.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Able Telcom Holding Corp), Note Agreement (Fresh America Corp)

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(a) or Section 8.1(b)) hereof, and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a)8.2(a)(ii) hereof, any holder of Notes who or that which shall have not consented to any waiver with respect to such Event of Default may, at his or its option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the Notes and all other amounts due under the Financing Documentssuch Notes.

Appears in 2 contracts

Samples: Note Purchase Agreement (Seaboard Corp /De/), Seaboard Corp /De/

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(a10.1(a), Section 10.1(b) or Section 8.1(b)10.1(c) hereof, and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a)10.2(a)(ii) hereof, any holder of Notes who or that shall have not consented to any waiver with respect to such Event of Default may, at its option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the Notes and all other amounts due under the Financing Documentssuch Notes.

Appears in 2 contracts

Samples: Note Purchase Agreement (Birmingham Steel Corp), Note Purchase Agreement (Birmingham Steel Corp)

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(a) or Section 8.1(b)) hereof, and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a)8.2(a)(ii) hereof, any holder of Notes who or that shall have not consented to any waiver with respect to such Event of Default may, at its such holder's option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith due and payable together with all interest accrued thereon, and Make-Whole Amount (if any) in respect thereof, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the such Notes and all other amounts due owing under the Financing DocumentsNote Purchase Agreements to such holder.

Appears in 1 contract

Samples: Note Purchase Agreement (Hudson Foods Inc)

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(a) or Section 8.1(b), and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a8.2(a)(ii), any holder of Notes who or that shall have not consented to any waiver with respect to such Event of Default may, at its such holder's option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith immediately due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith immediately pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by applicable law, the Make-Whole Amount at such time with respect to such principal amount of the Notes and all other amounts due under the Financing Documentssuch Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Littelfuse Inc /De)

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(a) or Section 8.1(b), and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a8.2(a)(ii), any holder of Notes who or that shall have not consented to any waiver with respect to such Event of Default may, at its such holder's option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith immediately due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith immediately pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by applicable law, the Make-Whole Amount at (as of the date of such time declaration) with respect to such principal amount of the Notes and all other amounts due under the Financing Documentssuch Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Cerplex Group Inc)

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(a) or Section 8.1(b), and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a8.2(a)(ii), any holder of Notes who or that shall have not consented to any waiver with respect to such Event of Default may, at its such holder's option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith due and payable together with all interest accrued thereon, and, to the extent permitted by applicable law, Make-Whole Amount (if any) in respect thereof, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by applicable law, the Make-Whole Amount at such time with respect to such principal amount of the such Notes and all other amounts due owing under the Note Purchase Agreements and the other Financing DocumentsDocuments to such holder.

Appears in 1 contract

Samples: Note Purchase Agreement (U S Restaurant Properties Master L P)

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(a) or Section 8.1(b), and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a8.2(a)(ii), any holder of Notes who or that shall have not consented to any waiver with respect to such Event of Default may, at its such holder's option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith immediately due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith immediately pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by applicable law, the Make-Make- Whole Amount at (as of the date of such time declaration), if any, with respect to such principal amount of the Notes such Notes, and all other amounts due owing by the Company under the Financing DocumentsNotes and this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Ace Cash Express Inc/Tx)

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(a) or Section 8.1(b), and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a8.2(a)(ii), any holder of Notes who or that shall have not consented to any waiver with respect to such Event of Default may, at its such holder's option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith immediately due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith immediately pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by applicable law, the Make-Whole Amount at such time with respect to such principal amount of the Notes and all other amounts due under the Financing Documentssuch Notes.

Appears in 1 contract

Samples: Credit Acceptance Agreement (Credit Acceptance Corporation)

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Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(aparagraph 7A(i) or Section 8.1(b)paragraph 7A(ii) hereof, and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a)paragraph 7B(i)(b) hereof, any holder of Notes who or that which shall have not consented to any waiver with respect to such Event of Default may, at his or its option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by law, the MakeYield-Whole Maintenance Amount at such time with respect to such principal amount of the Notes and all other amounts due under the Financing Documentssuch Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (National Consumer Cooperative Bank /Dc/)

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(a) or Section 8.1(b9.1(a), and irrespective of whether the Notes then outstanding shall have been declared to be become due and payable pursuant to Section 8.2(a9.2(a)(i)(B), any holder of Notes who or that which shall have not consented to any waiver with respect to such Event of Default may, at his or its option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the Notes and all other amounts due under the Financing Documentssuch Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Interstate Johnson Lane Inc)

Acceleration on Payment Default. During Subject to Section 8.3, during the existence of an Event of Default described in Section 8.1(a7.1(a) or Section 8.1(b7.1(b), and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a7.2(a)(ii), any holder of Notes who or that which shall have not consented to any waiver with respect to such Event of Default may, at his or its option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to such holder the entire principal of and interest accrued on such Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the Notes and all other amounts due under the Financing Documentssuch Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Omniquip International Inc)

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(aparagraph 7A(i) or Section 8.1(b)paragraph 7A(ii) hereof, and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a)paragraph 7B(i)(b) hereof, any holder of Notes who or that which shall have not consented to any waiver with respect to such Event of Default may, at his or its option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith due and payable together with all interest accrued thereonthereon and together with the Yield-Maintenance Amount, if any, with respect to each such Note, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to such holder the entire principal of and interest accrued on such Notes and, to and the extent permitted by law, the MakeYield-Whole Maintenance Amount at such time with respect to such principal amount of the Notes and all other amounts due under the Financing Documentssuch Notes.

Appears in 1 contract

Samples: Shelf Agreement (National Consumer Cooperative Bank /Dc/)

Acceleration on Payment Default. During the existence of an Event of Default described in Section 8.1(a9.1(a) or Section 8.1(b)9.1(b) hereof, and irrespective of whether the Notes then outstanding shall have been declared to be due and payable pursuant to Section 8.2(a)9.2(a)(ii) hereof, any holder of Notes who or that which shall have not consented to any waiver with respect to such Event of Default may, at his or its option, by notice in writing to the Company, declare the Notes then held by such holder to be, and such Notes shall thereupon become, forthwith due and payable together with all interest accrued thereon, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to such holder the entire principal of and interest accrued on such Notes and, to the extent 40 45 permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the Notes and all other amounts due under the Financing Documentssuch Notes.

Appears in 1 contract

Samples: Selective Insurance Group Inc

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