Common use of Action if Other Event of Default Clause in Contracts

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration), demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 3 contracts

Samples: Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc)

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Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries9.01(i)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Requisite Lenders, shall by written notice to the Borrower and each Lender require that the Borrower Cash Collateralize the L/C Obligations (in an amount equal to the then Outstanding Amount thereof) and declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, presentment and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 3 contracts

Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesSubsidiary or any other Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 3 contracts

Samples: Credit Agreement (W-H Energy Services Inc), Credit Agreement (W-H Energy Services Inc), Credit Agreement (W-H Energy Services Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (ai) through (dv) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries7.01(i)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Requisite Lenders, shall by written notice to the Borrower Borrowers and each Lender declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, presentment and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 2 contracts

Samples: Credit Agreement (Consolidated Communications Illinois Holdings, Inc.), Credit Agreement (Consolidated Communications Texas Holdings, Inc.)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 9.1.9 (except with respect to the Borrower or any of its Subsidiariesa Non-Material Subsidiary)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower Borrowers declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminatedterminated and/or demand immediate compliance of each Borrower with its obligations under Section 4.7, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, the Commitments shall terminate and/or, as the case may be, the Commitments each Borrower shall terminate, all of which notice, demand and presentment are hereby waivedbe obligated to comply immediately with its obligations under Section 4.7.

Appears in 2 contracts

Samples: Credit Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Dollar Thrifty Automotive Group Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries9.01(i)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Requisite Lenders, shall shall, by written notice to the Borrower and each Lender, require that the Borrower Cash Collateralize the L/C Obligations (in an amount equal to the then Outstanding Amount thereof) and declare all all, or any portion portion, of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable payable, shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 2 contracts

Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesBorrower) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required LendersMajority Banks, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable without further notice, demand or presentment, and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payablepayable and the Borrower shall be obligated to deliver cash collateral pursuant to Section 2.7.4, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 2 contracts

Samples: Credit Agreement (Magnum Hunter Resources Inc), Credit Agreement (Magnum Hunter Resources Inc)

Action if Other Event of Default. If any Event of Default (other than any an Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesObligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Term Loan Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Term Loans and other Obligations to be due and payable payable, and/or declare the Term Loan Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Term Loans and other Term Loan Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Term Loan Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 2 contracts

Samples: Term Loan Agreement (Specialty Foods Acquisition Corp), Term Loan Agreement (Specialty Foods Corp)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiariesan Insolvency Event) shall occur for any reason, whether voluntary or involuntary, and be continuingcontinuing the Administrative Agent may (acting with the consent of the Required Lenders), the Agent, and upon the direction of the Required Lenders, shall by shall, upon notice or demand to the Borrower Borrower, declare all or any portion of the outstanding principal amount of the Loans to be due and payable and any or all other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and any and all other such Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the such Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 2 contracts

Samples: Subordinated Loan Agreement (Hecla Mining Co/De/), Facility Agreement (Hecla Mining Co/De/)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesClause 10.1.6) shall occur for any reason, whether voluntary or involuntary, and be continuing, the AgentLender may, upon the direction of the Required Lenders, shall by notice or demand to the Borrower Borrower, declare all or any portion of the outstanding principal amount of the Loans to be due and payable and any or all other Obligations to be due and payable (and/or, in each such case, to be payable on demand) and/or the Commitments Commitment (if not theretofore terminated) to be terminated, whereupon the full relevant unpaid principal amount of such the Loans and any and all other Obligations which shall be so declared due and payable shall be and become immediately due and payablepayable (or, in the case of any such Obligations placed on demand, immediately payable on demand by the Lender), without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand demand, or presentment, and/or, as the case may be, the Commitments Commitment shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Agreement (Bema Gold Corp /Can/)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (8.1.8 with respect to the Borrower or any of its SubsidiariesSubsidiary or any other Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

Action if Other Event of Default. If any Event of Default -------------------------------- (other than any an Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries------------- Borrower) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Term Loans and other Obligations to be due and payable and/or declare the Term Loan Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Term Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Term Loan Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Term Loan Agreement (Jorgensen Earle M Co /De/)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (ai) through (dv) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries7.01(i)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Requisite Lenders, shall by written notice to the Borrower and each Lender declare all or any portion of the outstanding principal amount of the Loans and other Obligations (other than Hedging Obligations) to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations (other than Hedging Obligations) which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, presentment and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Communications Holdings, Inc.)

Action if Other Event of Default. If any Event of --------------------------------- Default (other than any Event of Default described in clauses (ai) through (div) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries7.01(i)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by written notice to the Borrower CCSC and each Lender declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Credit Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, presentment and/or, as the case may be, the Credit Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Crown Cork & Seal Co Inc)

Action if Other Event of Default. If any Event of Default (other than any an Event of Default described in clauses clause (a), (b) through or (dc) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries8.1.9) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Term Loans and other Obligations to be due and payable and/or declare the Term Loan Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Term Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Term Loan Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Term Loan Agreement (Pci Carolina Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (ai) through (div) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries9.1(h) shall occur for any reason, whether voluntary or involuntary, and be continuing, the AgentAgent may, upon and shall, subject to receipt of indemnity satisfactory to the Agent and acting at the direction of the Required LendersLenders (or, shall if Braidwell is a Significant Lender, Braidwell), by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such the Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, and the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.. SECTION 9.4

Appears in 1 contract

Samples: Security and Guaranty Agreement (iRhythm Technologies, Inc.)

Action if Other Event of Default. If any Event of Default -------------------------------- (other than any Event of Default described in clauses (a) through (de) of ----------- --- Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries8.1.9) shall occur for any reason, whether voluntary or involuntary, ------------- and be continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Revolving Commitments (if not theretofore terminated) and/or the obligation of the Letter of Credit Issuer to issue Letters of Credit to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Revolving Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Novamed Eyecare Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses CLAUSES (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesSECTION 8.1.9) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower Borrowers declare all or any portion of the outstanding principal amount of the Loans and other monetary Obligations (including Reimbursement Obligations) to be due and payable jointly and severally by the Borrowers and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other monetary Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, terminate and the Borrowers shall automatically and immediately be obligated jointly and severally to Cash Collateralize all Letter of which notice, demand and presentment are hereby waivedCredit Outstandings.

Appears in 1 contract

Samples: Credit Agreement (World Almanac Education Group Inc)

Action if Other Event of Default. If any Event of -------------------------------- Default (other than any Event of Default described in clauses (a) through (d) of ----------- --- Section 8.1.9 (with respect to the Borrower or any of its Subsidiariesother Obligor) shall occur for ------------- any reason, whether voluntary or involuntary, and be continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Guarantor, the Borrower or any of its SubsidiariesRestricted Subsidiary) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans Borrowings and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans Borrowings and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, and/or the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Term Loan Agreement (Noble Energy Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses CLAUSES (a) through (d) of Section SECTION 8.1.9 (with respect to the Borrower or any of its Subsidiariesother Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Price/Costco Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (8.1.8 with respect to the Borrower Parent or any of its SubsidiariesSubsidiary thereof) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower Borrowers declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable payable, the Stated Maturity Date to be accelerated and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration), demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which without further notice, demand and presentment are or presentment, which the Borrowers hereby waivedwaive to the fullest extent permitted by Applicable Law.

Appears in 1 contract

Samples: Credit Agreement (Bergen Brunswig Corp)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesForeign Borrower) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration), intention to accelerate, presentment and demand or presentment, and/ornotice of any kind, as the case may be, all of which are hereby expressly waived, and/or the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Noble Energy Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (ai) through (dv) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries7.01(i)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Requisite Lenders, shall by written notice to the Borrower and each Lender declare all or any portion of the outstanding principal amount of the Loans and other Obligations (other than Hedging Obligations and Cash Management Obligations) to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations (other than Hedging Obligations and Cash Management Obligations) which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, presentment and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Communications Holdings, Inc.)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (aSection 7.01(i) through (dor 7.02(h) or 7.01(n) by virtue of Section 8.1.9 (with respect to the Borrower 7.02(h) or any 7.02(k) by virtue of its Subsidiaries7.01(i)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Requisite Lenders, shall by written notice to the Borrower Borrowers and each Lender declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, presentment and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the any Borrower or any of its SubsidiariesSubsidiary or any other Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, the AgentAdministrative Agent may or, upon the direction of the Required Lenders, shall by notice to the Borrower Borrowers declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or all or any of the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the such Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Copano Energy, L.L.C.)

Action if Other Event of Default. If any Event of Default -------------------------------- (other than any Event of Default described in clauses (a) through (de) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries----------- --- ------- 8.1.9) shall occur for any reason, whether voluntary or involuntary, and be ----- continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Revolving Commitments (if not theretofore terminated) and/or the obligation of the Letter of Credit Issuer to issue Letters of Credit to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Revolving Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Novamed Eyecare Inc)

Action if Other Event of Default. If any Event -------------------------------- of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesSubsidiary or any other Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Manor Investment Co Inc)

Action if Other Event of Default. If any Event -------------------------------- of Default (other than any Event of Default described in clauses (a) through (d) ----------- --- of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries) shall ------------- occur for any reason, whether voluntary or involuntary, and be continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration), demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Vintage Petroleum Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in 84 91 clauses (a) through (d) of Section 8.1.9 (9.1.9 with respect to the Borrower or any of its SubsidiariesSignificant Subsidiary or any other Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

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Action if Other Event of Default. If any Event of Default -------------------------------- (other than any Event of Default described in clauses (a) through (d) of Section ----------- --- ------- 8.1.9 (with respect to the Borrower or any of its Subsidiaries) shall occur for ----- any reason, whether voluntary or involuntary, and be continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration), demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Vintage Petroleum Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (8.1.8 with respect to the Borrower Parent or any of its SubsidiariesSubsidiary thereof) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower Borrowers declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable payable, the Stated Maturity Date to be accelerated and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration), demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which without further notice, demand and presentment are or presentment, which the Borrowers hereby waivedwaive to the fullest extent permitted by Applicable Law.

Appears in 1 contract

Samples: Credit Agreement (Bergen Brunswig Corp)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses CLAUSES (a) through (d) of Section SECTION 8.1.9 (with respect to the Borrower or any of its Subsidiariesother Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries8.1.9) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations (including Reimbursement Obligations) to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration), demand or presentment, protest, notice or demand (all of which are hereby expressly waived by the Borrower) and/or, as the case may be, the Commitments shall terminate, terminate and the Borrower and the Obligors shall automatically and immediately be obligated to deposit with the Administrative Agent cash collateral in an amount equal to all Letter of which notice, demand and presentment are hereby waivedCredit Outstandings.

Appears in 1 contract

Samples: Security Agreement (Titan Corp)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesBorrower) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, may, or shall upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable without further notice, demand or presentment, and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which that shall be so declared due and payable shall be and become immediately due and payablepayable and the Borrower shall be obligated to deliver cash collateral pursuant to Section 2.7.4, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Escalera Resources Co.)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses Clause 10.1(f) (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesBankruptcy, Insolvency, etc)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the AgentFacility Agent may, and shall upon the direction of the Required LendersLenders (but not otherwise), shall by upon notice or demand to the Borrower Borrower, declare all or any portion of the outstanding principal amount Principal Amount of the Loans to be due and payable and any or all other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full relevant unpaid amount Principal Amount of such the Loans and any and all other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand demand, or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Yamana Gold Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries9.1.9) shall occur and be continuing for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, may, and upon the direction of the Required Lenders, shall shall, by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations (solely arising under clause (a) of the definition thereof) to be due and payable and/or and the Commitments (if not theretofore terminated) to be terminated, whereupon (without further notice, demand or presentment) the full unpaid amount of such Loans and other Obligations (solely arising under clause (a) of the definition thereof) which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate payable and notice of acceleration), demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (GrubHub Inc.)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesClause 10.1(f)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the AgentAgent may, upon the direction of the Required LendersLenders (but not otherwise), shall by upon notice or demand to the Borrower Borrower, declare all or any portion of the outstanding principal amount of the Loans to be due and payable and any or all other Obligations (excluding, however, Obligations in respect of any Risk Management Agreement to which any Lender is a party) to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full relevant unpaid principal amount of such the Loans and any and all other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand demand, or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Conformed (Randgold Resources LTD)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to Aegis, the Borrower or any of its Subsidiariestheir respective Subsidiaries or any other Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable payable, and/or declare the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Aegis Communications Group Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (ai) through (dv) of Section 8.1.9 (7.01(i) with respect to the Borrower any Parent Guarantor or any of its SubsidiariesBorrower) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Requisite Lenders, shall by written notice to the Borrower Borrowers and each Lender declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Crown Holdings Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses CLAUSES (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesSECTION 8.1.9) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations (including Reimbursement Obligations) to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration), demand or presentment, protest, notice or demand (all of which are hereby expressly waived by the Borrower) and/or, as the case may be, the Commitments shall terminate, terminate and the Borrower and the Obligors shall automatically and immediately be obligated to deposit with the Administrative Agent cash collateral in an amount equal to all Letter of which notice, demand and presentment are hereby waivedCredit Outstandings.

Appears in 1 contract

Samples: Credit Agreement (Titan Corp)

Action if Other Event of Default. (a) If any Event of Default (other than any Event of Default described in clauses CLAUSES (a) through (db) of Section 8.1.9 (or with respect to the Borrower or any and Managing General Partner, (e) of its SubsidiariesSECTION 9.1.8) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Propane Partners Lp)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (ai) through (dv) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries7.01(i)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Requisite Lenders, shall by written notice to the Borrower Borrowers and each Lender declare all or any portion of the outstanding principal amount of the Loans and other Obligations (other than Hedging Obligations) to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations (other than Hedging Obligations) which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, presentment and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Communications Holdings, Inc.)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (de) of Section 8.1.9 (with respect to the Borrower or any of its SubsidiariesSubsidiary or any other Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (W-H Energy Services Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries8.1.9) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare the Stated Maturity 84- 92 Date to be accelerated and/or direct the Administrative Agent to declare all or any portion of the outstanding principal amount of the Loans Loans, Letter of Credit Outstandings and other Obligations to be due and payable and/or the Commitments of each Lender (if not theretofore terminated) to be terminated, whereupon the Stated Maturity Date shall be accelerated, the full unpaid amount of such Loans Loans, Letter of Credit Outstandings and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Handy & Harman

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (9.1.9 with respect to the Borrower or any of its Subsidiariesother Obligor) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, may (and, upon the direction of by the Required Lenders, shall shall) by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Bargo Energy Co)

Action if Other Event of Default. If any Event of Default --------------------------------- (other than any Event of Default described in clauses (ai) through (dv) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries7.01(i)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Lenders, shall by written notice to the Borrower CCSC and each Lender declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, presentment and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: And (Crown Cork & Seal Co Inc)

Action if Other Event of Default. If any Event of Default (other than any Event of Default described in clauses (a) through (d) of Section 8.1.9 (with respect to the Borrower or any of its Subsidiaries9.1.9) shall occur and be continuing for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, may, and upon the direction of the Required Lenders, shall shall, by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations (solely arising under clause (a) of the definition thereof unless such Obligations provide otherwise) to be due and payable and/or and the Commitments (if not theretofore terminated) to be terminated, whereupon (without further notice, demand or presentment) the full unpaid amount of such Loans and other Obligations (solely arising under clause (a) of the definition thereof unless such Obligations provide otherwise) which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate payable and notice of acceleration), demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Wayfair Inc.)

Action if Other Event of Default. If any Event of Default --------------------------------- (other than any Event of Default described in clauses (ai) through (dv) of Section 8.1.9 (7.01(i) with respect to the Borrower any Parent Guarantor or any of its SubsidiariesBorrower) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Administrative Agent, upon the direction of the Required Requisite Lenders, shall by written notice to the Borrower Borrowers and each Lender declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of such Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice (including notice of intent to accelerate and notice of acceleration)notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate, all of which notice, demand and presentment are hereby waived.

Appears in 1 contract

Samples: Credit Agreement (Crown Holdings Inc)

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