Common use of Acknowledgment Clause in Contracts

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 65 contracts

Samples: Credit Agreement (Crocs, Inc.), Credit Agreement (Bob Evans Farms Inc), Credit Agreement (Cadre Holdings, Inc.)

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Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 26 contracts

Samples: Credit Agreement (Country Fair Inc), Credit Agreement (RPM International Inc/De/), Credit Agreement (Crocs, Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 23 contracts

Samples: Credit Agreement (Westmoreland Coal Co), Credit Agreement (WESTMORELAND COAL Co), Credit Agreement (New Jersey Resources Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 15 contracts

Samples: Credit Agreement (Key Energy Services Inc), Joinder and Assumption Agreement (Under Armour, Inc.), Intercompany Subordination Agreement (Under Armour, Inc.)

Acknowledgment. The Each Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower the Borrowers upon demand by the Administrative Agent.

Appears in 10 contracts

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

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 4.4 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 7 contracts

Samples: Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Energy Co)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 7 contracts

Samples: Credit Agreement (Covance Inc), Credit Agreement (Federated Investors Inc /Pa/), Credit Agreement (Blair Corp)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.

Appears in 6 contracts

Samples: Credit Agreement (Gp Strategies Corp), Credit Agreement (Steel Partners Holdings L.P.), Credit Agreement (Steel Partners Holdings L.P.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agent.

Appears in 6 contracts

Samples: Credit Agreement (Koppers Inc), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Handy & Harman Ltd.)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest referred to in this Section 3.03 shall be payable by Borrower the Borrowers upon demand by Administrative the Agent.

Appears in 6 contracts

Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD)

Acknowledgment. The Borrower Borrowers acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by the Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co), Fourth Restatement Agreement (Glatfelter Corp)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Super Test Petroleum Inc), Credit Agreement (Kwik Fil Inc), Credit Agreement (Vulcan Asphalt Refining Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Erie Indemnity Co), Credit Agreement (Erie Indemnity Co), Credit Agreement (MSA Safety Inc)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 5.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates rate referred to in this Section 4.3 3.3.1 [Default Rate] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Champion Enterprises Inc), Credit Agreement (Party City Corp), Credit Agreement (Audio Communications Network Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Paying Agent.

Appears in 4 contracts

Samples: Collateral Trust Agreement (Consol Energy Inc), Security Agreement (Consol Energy Inc), Credit Agreement (Consol Energy Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 2.13(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by the Applicable Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (Finish Line Inc /In/), Credit Agreement (Finish Line Inc /In/), Credit Agreement (Finish Line Inc /In/)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (KI Holdings Inc.), Credit Agreement (Koppers Inc), Credit Agreement (Koppers Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Assignment and Assumption Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.. 4.4

Appears in 4 contracts

Samples: Credit Agreement (Chesapeake Utilities Corp), Credit Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Gentex Corp)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 4 contracts

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

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative the Agent.

Appears in 4 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (Bearingpoint Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (KPMG Consulting Inc)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (DSW Inc.), Joinder and Assumption Agreement (Retail Ventures Inc), Joinder and Assumption Agreement (DSW Inc.)

Acknowledgment. The Each Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc /)

Acknowledgment. The Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Triumph Group Inc /), Credit Agreement (Triumph Group Inc /), Credit Agreement (Triumph Group Inc /)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Penn Virginia Resource Partners L P)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Sun Hydraulics Corp), Credit Agreement (Sun Hydraulics Corp), Credit Agreement (Sun Hydraulics Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 2.03(f) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentAgent or (if earlier) on the first Settlement Date occurring after such interest accrues.

Appears in 3 contracts

Samples: Receivables Financing Agreement (Sabre Corp), Receivables Financing Agreement (Evoqua Water Technologies Corp.), Receivables Financing Agreement (Sabre Corp)

Acknowledgment. The Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Suburban Lodges of America Inc), Credit Agreement (Triumph Group Inc /), Credit Agreement (Triumph Group Inc /)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (MSA Safety Inc), Credit Agreement (MSA Safety Inc), Credit Agreement (MSA Safety Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates rate referred to in this Section 4.3 3.3.1 (Default Rate) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.. 3.4

Appears in 3 contracts

Samples: Credit Agreement (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Tb Woods Corp), Credit Agreement (Primesource Corp), Credit Agreement (Primesource Corp)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative AgentLender.

Appears in 3 contracts

Samples: Credit Agreement (EPAM Systems, Inc.), Credit Agreement (Park Electrochemical Corp), Credit Agreement (Park Electrochemical Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.02(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Majority Lenders or by the Administrative AgentAgent at the written direction of the Majority Lenders.

Appears in 3 contracts

Samples: Senior Secured Term Loan Credit Agreement (Eos Energy Enterprises, Inc.), Patent Security Agreement (Soundhound Ai, Inc.), Senior Secured Term Loan Credit Agreement (AST SpaceMobile, Inc.)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.. The Administrative Agent will notify the Borrowers if the rate of interest is increased pursuant to this Section 4.3. 4.4

Appears in 2 contracts

Samples: Credit Agreement (DLH Holdings Corp.), Credit Agreement (DLH Holdings Corp.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Meridian Bioscience Inc), Credit Agreement (Meridian Bioscience Inc)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; , and all such increased interest shall be payable by each Borrower upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Interface Security Systems Holdings Inc), Credit Agreement (Interface Security Systems, L.L.C.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all . All such interest shall be payable by the Borrower upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 2 contracts

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

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentAdministrator.

Appears in 2 contracts

Samples: Receivables Financing Agreement (Worthington Industries Inc), Receivables Financing Agreement (Worthington Industries Inc)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 2 contracts

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

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.

Appears in 2 contracts

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

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Calgon Carbon Corporation), Credit Agreement (CALGON CARBON Corp)

Acknowledgment. The the Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Big Lots Inc), Credit Agreement (Big Lots Inc)

Acknowledgment. The Borrower Borrowers acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative the Agent.

Appears in 2 contracts

Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.; and

Appears in 2 contracts

Samples: Credit Agreement (Too, Inc.), Credit Agreement (Tween Brands, Inc.)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by such Borrower upon demand by Administrative the Agent.

Appears in 2 contracts

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

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by the Administrative Agent.

Appears in 2 contracts

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

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Construction Partners, Inc.), Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 4.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 2 contracts

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

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their its default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Ferroglobe PLC)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Bank is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agentthe Bank.

Appears in 1 contract

Samples: Loan Agreement (Liberated Syndication Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders ​ ​ are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Cadre Holdings, Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.2 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such riskrisk in the form as set forth in this Section 3.2 [Interest After Default]; and all such interest shall be payable by Borrower upon demand by Administrative Agentthe Lender.

Appears in 1 contract

Samples: Credit Agreement (Erie Indemnity Co)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Viasys Healthcare Inc)

Acknowledgment. The Borrower acknowledges that the increase in increased rates referred to in this Section 4.3 reflects3.3 reflect, among other things, the fact that such Revolving Credit Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all . All such interest shall be payable by Borrower upon demand by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Stores Corp /De/)

Acknowledgment. The Each Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower the Borrowers upon demand by the Administrative Agent.. NAI-0000000000v6

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

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Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans Loan or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Term Loan Agreement (Ipalco Enterprises, Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all . All such interest shall be payable by the Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Revolving Credit Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Bank is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentBank.

Appears in 1 contract

Samples: Credit Agreement (Superconductor Technologies Inc)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest owing from the Borrowers shall be payable by Borrower Borrowers upon demand by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Ptek Holdings Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates rate referred to in this Section 4.3 3.3.1 (Default Rate) reflects, among other things, the fact that such Term Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.. 3.4

Appears in 1 contract

Samples: Credit Agreement (Hovnanian Enterprises Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Revolving Credit Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (KPMG Consulting Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Revolving Credit Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Pegasystems Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by the Required Lenders to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Echo Global Logistics, Inc.)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative AgentLender.

Appears in 1 contract

Samples: Credit Agreement (Park Electrochemical Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 4.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Meridian Bioscience Inc)

Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.. 3.4

Appears in 1 contract

Samples: Credit Agreement (Cincinnati Financial Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest referred to in this Section 3.03 shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Ace LTD)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative the Agent.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.02(b) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by the Majority Lenders or by the Administrative AgentAgent at the written direction of the Majority Lenders.

Appears in 1 contract

Samples: Senior Secured First Lien Term Loan Credit Agreement (Clean Energy Fuels Corp.)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Option Care Inc/De)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 0 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Orius Corp)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such the Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all . All such interest payable by a Borrower shall be payable paid by Borrower it upon demand by Administrative the Agent.

Appears in 1 contract

Samples: Credit Agreement (Commercial Intertech Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for Exhibit 10.1 such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Utilities Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.

Appears in 1 contract

Samples: Receivables Financing Agreement (Sylvamo Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03(a) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Receivables Financing Agreement (NuStar Energy L.P.)

Acknowledgment. The Borrower acknowledges that the increase in increased rates referred to in this Section 4.3 reflects3.3 reflect, among other things, the fact that such the Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all . All such interest shall be payable by Borrower upon demand by Administrative the Agent.

Appears in 1 contract

Samples: Credit Agreement (Cuno Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative the Agent.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans the Loan or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.

Appears in 1 contract

Samples: Loan Agreement (BioFuel Energy Corp.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status 62 and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Helios Technologies, Inc.)

Acknowledgment. The Borrower Company acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Company upon demand by Administrative Agent.

Appears in 1 contract

Samples: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 2.05(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Receivables Financing Agreement (Alliance Resource Partners Lp)

Acknowledgment. The Borrower acknowledges acknowledge that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Bank is entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agentthe Bank.

Appears in 1 contract

Samples: Credit Agreement (Moog Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 4.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agentthe Required Lenders or by the Agent at the written direction of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agentthe Lender.

Appears in 1 contract

Samples: Credit Agreement (Shotspotter, Inc)

Acknowledgment. The Borrower acknowledges and the Co-Borrower acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower and the Co-Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Rent Way Inc)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 4.4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Churchill Downs Inc)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.02(c) reflects, among other things, the fact that such Loans or other 755287315 21689858 amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.. 3.4

Appears in 1 contract

Samples: Credit Agreement (Black Box Corp)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agenton each Payment Date.

Appears in 1 contract

Samples: Credit Agreement (Superior Well Services, INC)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Helios Technologies, Inc.)

Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent. The Administrative Agent will notify the Borrowers if the rate of interest is increased pursuant to this Section 4.3.

Appears in 1 contract

Samples: Credit Agreement (DLH Holdings Corp.)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Penn Virginia Resource Partners L P)

Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Revolving Credit Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (CastleRock Security Holdings, Inc.)

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