Common use of Bankruptcy Defaults Clause in Contracts

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver to the Administrative Agent Cash Collateral in an amount equal to 102% of the aggregate amount of each Letter of Credit then outstanding, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 10 contracts

Sources: Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 9 contracts

Sources: Credit Agreement (Penford Corp), Credit Agreement (Penford Corp), Credit Agreement (Unified Western Grocers Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (jf) or (kg) of Section 9.1 8.1 hereof has occurred and is continuing, then all outstanding Loans Loans, including both interest and principal thereon, and all other Obligations shall immediately become due and payable together with all other amounts payable under the Loan Credit Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders Banks to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an Agent, subject to Section 8.4 hereof, the full amount equal to 102% then available for drawing, under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders Banks would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the LendersBanks, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 7 contracts

Sources: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)

Bankruptcy Defaults. When any Event of Default described in subsections (jf) or (kg) of Section 9.1 8.1 hereof has occurred and is continuing, then all outstanding Loans and Swingline Loans shall immediately become due and payable together with all other amounts payable under the Loan Credit Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an Agent, subject to Section 8.4 hereof, the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 7 contracts

Sources: Credit Agreement (Jones Lang Lasalle Inc), Multicurrency Credit Agreement, Credit Agreement (Jones Lang Lasalle Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (jf) or (kg) of Section 9.1 8.1 hereof has occurred and is continuing, then all outstanding Loans Notes, including both interest and principal thereon, and all other Obligations shall immediately become due and payable together with all other amounts payable under the Loan Credit Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders Banks to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an amount equal Agent, subject to 102% of the aggregate amount of each Letter of Credit then outstandingSection 8.4, the full amount then available for drawing, under all outstanding Letters of Credit, Borrower acknowledging and agreeing that the Lenders Banks would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the LendersBanks, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 7 contracts

Sources: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 7.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation Commitments and any and all other obligations of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 6 contracts

Sources: Credit Agreement (Granite City Food & Brewery Ltd.), Credit Agreement (Granite City Food & Brewery LTD), Credit Agreement (Champion Industries Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (jk) or (kl) of Section 9.1 10.1 hereof has occurred and is continuingcontinuing with respect to the Company, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an amount equal Agent, subject to 102% of the aggregate amount of each Letter of Credit then outstandingSection 10.4, the Borrower full amount then available for drawing under all outstanding Letters of Credit, the Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 5 contracts

Sources: Credit Agreement (Arthur J. Gallagher & Co.), Multicurrency Credit Agreement (Gallagher Arthur J & Co), Multicurrency Credit Agreement

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof with respect to any Borrower has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the each Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% of the aggregate amount of each Letter then available for drawing under all outstanding Letters of Credit then outstandingissued for such Borrower’s account hereunder, the each Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the such Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the such Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 5 contracts

Sources: Credit Agreement, Credit Agreement (Smucker J M Co), Credit Agreement (Smucker J M Co)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof with respect to the Borrower has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 5 contracts

Sources: Credit Agreement (Smart Balance, Inc.), Credit Agreement (Fifth Street Finance Corp), Credit Agreement (DG FastChannel, Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing7.1 exists, then all outstanding Loans Obligations shall immediately and automatically become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kindkind (each of which is hereby waived by the Borrower), the obligation Commitments and all other obligations of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately and automatically terminate and the Borrower shall immediately deliver to the Administrative Agent Cash Collateral in an amount equal to 102Collateralize 105% of the aggregate then outstanding amount of each Letter of Credit then outstandingall L/C Obligations, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 5 contracts

Sources: Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 5 contracts

Sources: Credit Agreement (Penford Corp), Credit Agreement (Lecg Corp), Credit Agreement (Plexus Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 7.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation Commitments and any and all other obligations of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of Credit, including, without limitation, any and all L/C Obligations, each Letter of Credit then outstanding, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the any Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the each Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 5 contracts

Sources: Credit and Guaranty Agreement (McBc Holdings, Inc.), Credit and Guaranty Agreement (McBc Holdings, Inc.), Credit and Guaranty Agreement (McBc Holdings, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (jf) or (kg) of Section 9.1 8.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Credit Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders Banks to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an Agent, subject to Section 8.4, the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders Banks would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the LendersBanks, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 4 contracts

Sources: Multicurrency Credit Agreement (Jones Lang Lasalle Inc), Multicurrency Credit Agreement (Jones Lang Lasalle Inc), Multicurrency Credit Agreement (Jones Lang Lasalle Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing7.1 exists, then all outstanding Loans Obligations shall immediately and automatically become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kindkind (each of which is hereby waived by each Borrower), the obligation Commitments and all other obligations of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately and automatically terminate and the Borrower Borrowers shall immediately deliver to the Administrative Agent Cash Collateral in an amount equal to 102Collateralize 103% of the aggregate full amount of then available for drawing under each Letter of Credit then outstandingCredit, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 4 contracts

Sources: Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek US Holdings, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof with respect to the Borrower has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, kind and the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver to the Administrative Agent Cash Collateral in an amount equal to 102% the Minimum Collateral Amount of the aggregate amount of each Letter of Credit then outstanding, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 4 contracts

Sources: Credit Agreement (StoneX Group Inc.), Credit Agreement (StoneX Group Inc.), Credit Agreement (Intl Fcstone Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate without presentment, demand, protest or notice of any kind, and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an amount equal to 102103% of the aggregate full amount of each Letter then available for drawing under all outstanding Letters of Credit then outstandingto be held as collateral pursuant to Section 9.4 hereof, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 4 contracts

Sources: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof with respect to the Borrower has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders Bank to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver to the Administrative Agent Bank Cash Collateral in an amount equal to 102105% of the aggregate amount of each Letter of Credit then outstanding, the Borrower acknowledging and agreeing that the Lenders Bank would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, Bank shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit. In addition, the Bank may exercise all rights and remedies available to it under the Loan Documents or applicable law or equity when any such Event of Default has occurred and is continuing.

Appears in 4 contracts

Sources: Credit Agreement (Willdan Group, Inc.), Credit Agreement (Pioneer Power Solutions, Inc.), Credit Agreement (Willdan Group, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (jf) or (kg) of Section 9.1 8.1 hereof has occurred and is continuing, then all outstanding Loans and Swingline Loans shall immediately become due and payable together with all other amounts payable under the Loan Credit Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders Banks to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an Agent, subject to Section 8.4, the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders Banks would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the LendersBanks, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 3 contracts

Sources: Multicurrency Credit Agreement (Jones Lang Lasalle Inc), Multicurrency Credit Agreement (Jones Lang Lasalle Inc), Multicurrency Credit Agreement (Jones Lang Lasalle Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof with respect to any Borrower has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 3 contracts

Sources: Amendment Agreement (Boulder Brands, Inc.), Credit Agreement (Boulder Brands, Inc.), Credit Agreement (Smart Balance, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (jf) or (kg) of Section 9.1 13.1 hereof has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders Banks to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Company and (subject to Section 17.19) the other Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an amount equal Agent, subject to 102% of the aggregate amount of each Letter of Credit then outstandingSection 13.4, the Borrower full amount then available for drawing under all outstanding Letters of Credit, the Company and such Borrowers acknowledging and agreeing that the Lenders Banks would not have an adequate remedy at law for failure by the Borrower Company and such Borrowers to honor any such demand and that the LendersBanks, and the Administrative Agent on their behalf, shall have the right to require the Borrower Company and such Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 3 contracts

Sources: Multicurrency Credit Agreement (General Binding Corp), Multicurrency Credit Agreement (General Binding Corp), Multicurrency Credit Agreement (General Binding Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (j) (other than clause (ii) thereof) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 3 contracts

Sources: Credit Agreement (CTS Corp), Credit Agreement (CTS Corp), Credit Agreement (CTS Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (ji) or (kj) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest protest, or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 3 contracts

Sources: Credit Agreement (Lamson & Sessions Co), Credit Agreement (Lamson & Sessions Co), Credit Agreement (Lamson & Sessions Co)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Revolving Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 3 contracts

Sources: Credit Agreement (Whitestone REIT Operating Partnership, L.P.), Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT Operating Partnership, L.P.)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing7.1 exists, then all outstanding Loans Obligations shall immediately and automatically become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kindkind (each of which is hereby waived by each Borrower), the obligation Commitments and all other obligations of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately and automatically terminate and the Borrower Borrowers shall immediately deliver to the Administrative Agent Cash Collateral in an amount equal to 102Collateralize 103% of the aggregate outstanding amount of each Letter of Credit then outstandingall L/C Obligations, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 3 contracts

Sources: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek Logistics Partners, LP)

Bankruptcy Defaults. When any Event of Default described in subsections (jSection 8.1(j) or (k) of Section 9.1 hereof with respect to Borrower has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver to Cash Collateralize the Administrative Agent Cash Collateral L/C Obligations in an amount equal to 102103% of the aggregate amount of each Letter of Credit then outstandingL/C Obligations, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 3 contracts

Sources: Credit Agreement (AlTi Global, Inc.), Credit Agreement (AlTi Global, Inc.), Senior Secured Credit Facility (Alvarium Tiedemann Holdings, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (jk) or (kl) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 3 contracts

Sources: Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (jSections 8.1(j) or (k8.1(k) of Section 9.1 hereof has occurred and is continuingexists, then all outstanding Loans Obligations shall immediately and automatically become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kindkind (each of which is hereby waived by the Borrower), the obligation Commitments and all other obligations of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately and automatically terminate and the Borrower shall immediately deliver to the Administrative Agent Cash Collateral in an amount equal to 102Collateralize 102.0% of the aggregate then outstanding amount of each Letter of Credit then outstandingall L/C Obligations, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 3 contracts

Sources: Credit Agreement (ATN International, Inc.), Credit Agreement (ATN International, Inc.), Credit Agreement (ATN International, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (jk) or (kl) of Section 9.1 10.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an amount equal Agent, subject to 102% of the aggregate amount of each Letter of Credit then outstandingSection 10.4, the Borrower full amount then available for drawing under all outstanding Letters of Credit, the Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 2 contracts

Sources: Multicurrency Credit Agreement (Gallagher Arthur J & Co), Multicurrency Credit Agreement (Gallagher Arthur J & Co)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof with respect to any Loan Party has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent the full amount then necessary to fully Cash Collateral in an amount equal to 102% Collateralize all L/C Obligations, each of the aggregate amount of each Letter of Credit then outstanding, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Sparton Corp), Credit and Guaranty Agreement (Sparton Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 2 contracts

Sources: Credit Agreement (Racing Champions Corp), Credit Agreement (Racing Champions Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 2 contracts

Sources: Credit Agreement (Rc2 Corp), Credit Agreement (Rc2 Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (j), (k) or (kl) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 2 contracts

Sources: Credit Agreement (Penford Corp), Credit Agreement (Penford Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver prepay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 2 contracts

Sources: Credit Agreement (Nobel Learning Communities Inc), Credit Agreement (Nobel Learning Communities Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (jh) or (ki) of Section 9.1 hereof with respect to the Borrower has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders Bank to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver to the Administrative Agent Bank Cash Collateral in an amount equal to 102105% of the aggregate amount of each Letter of Credit then outstanding, the Borrower acknowledging and agreeing that the Lenders Bank would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, Bank shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit. In addition, the Bank may exercise all rights and remedies available to it under the Loan Documents or Applicable Law or equity when any such Event of Default has occurred and is continuing.

Appears in 1 contract

Sources: Credit Agreement (Pioneer Power Solutions, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections Sections (jp), (q) or (kr) of Section 9.1 hereof with respect to the Borrower has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver to the Administrative Agent Cash Collateral cash collateral in an amount equal to 102105% of the aggregate amount of each Letter of Credit then outstanding, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking undertaking, whether or not any draws drawings or other demands for payment have been made under any of the Letters Letter of Credit.

Appears in 1 contract

Sources: Revolving Credit Agreement (World Acceptance Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (jf) or (kg) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Credit Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders Banks to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% of the aggregate amount of each Letter then available for drawing under all outstanding Letters of Credit then outstandingto be held pursuant to Section 9.6(b), the Borrower acknowledging and agreeing that the Lenders Banks would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the LendersBanks, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (Federal Signal Corp /De/)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate without presentment, demand, protest or notice of any kind, and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an amount equal to 102103% of the aggregate full amount of each Letter then available for drawing under all outstanding Letters of Credit then outstandingto be held as collateral pursuant to Section 9.4, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (jl) or (km) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, ; the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate terminate; and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (National Credit & Guaranty CORP)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 7.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all Obligations and all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation Commitments and any and all other obligations of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of Credit, including, without limitation, any and all L/C Obligations, each Letter of Credit then outstanding, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the any Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the each Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Addus HomeCare Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing7.1 exists, then all outstanding Loans Obligations shall immediately and automatically become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kindkind (each of which is hereby waived by each Borrower), the obligation Revolving Credit Commitments and all other obligations of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately and automatically terminate and the Borrower Borrowers shall immediately deliver to the Administrative Agent Cash Collateral in an amount equal to 102Collateralize 103% of the aggregate full amount of then available for drawing under each Letter of Credit then outstandingCredit, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (Delek Logistics Partners, LP)

Bankruptcy Defaults. When any Event of Default described in subsections (jk) or (kl) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans and other Obligations shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an amount equal to 102105% of the aggregate full amount then available for drawing under all outstanding Letters of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (Cobra Electronics Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (ji) or (kj) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest protest, or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (Lamson & Sessions Co)

Bankruptcy Defaults. When any Event of Default described in subsections (jh) or (ki) of Section 9.1 hereof has occurred and is continuing8.1 exists, then all outstanding Loans Obligations shall immediately and automatically become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kindkind (each of which is hereby waived by the Borrower), the obligation Commitments and all other obligations of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately and automatically terminate and the Borrower shall immediately deliver to the Administrative Agent Cash Collateral in an amount equal to 102Collateralize 105% of the aggregate then outstanding amount of each Letter of Credit then outstandingall L/C Obligations, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: First Lien Credit Agreement (Turning Point Brands, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (jf) or (kg) of Section 9.1 hereof 7.1 has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Credit Documents without presentment, demand, protest or notice of any kind, each of which is expressly waived by the obligation Borrower; and all obligations of the Lenders to extend further credit Credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an (to be held by the Agent pursuant to Section 7.4) the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders and the Agent would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, Lenders and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws drawings or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (Landmark Graphics Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (jSection 8.1(j) or (k) of Section 9.1 hereof with respect to Borrower has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver to Cash Collateralize the Administrative Agent Cash Collateral L/C Obligations in an amount equal to 102105% of the aggregate amount of each Letter of Credit then outstandingL/C Obligations, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (AssetMark Financial Holdings, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (jg) or (kh) of Section 9.1 hereof has occurred and is continuing7.1 exists, then all outstanding Loans Obligations shall immediately and automatically become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kindkind (each of which is hereby waived by the Borrower), the obligation Commitments and all other obligations of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately and automatically terminate and the Borrower shall immediately deliver to the Administrative Agent Cash Collateral in an amount equal to 102Collateralize 105% of the aggregate then outstanding amount of each Letter of Credit then outstandingall L/C Obligations, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (American CyberSystems Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (j) (other than clause (ii) thereof) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (CTS Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (jk) or (kl) of Section 9.1 10.1 hereof has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an Agent, subject to Section 10.4, the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Multicurrency Credit Agreement (Gallagher Arthur J & Co)

Bankruptcy Defaults. When any Event of Default described in subsections (j) (other than clause (ii) thereof) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (CTS Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (jSection 8.1(j) or (k) of Section 9.1 hereof with respect to Borrower has occurred and is continuing, then all outstanding Revolving Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver to Cash Collateralize the Administrative Agent Cash Collateral L/C Obligations in an amount equal to 102105% of the aggregate amount of each Letter of Credit then outstandingL/C Obligations, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (AssetMark Financial Holdings, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans Revolving Notes shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an amount equal to 102105% of the aggregate full amount then available for drawing under all outstanding Letters of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (All American Semiconductor Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof 7.1 has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation Commitments and any and all other obligations of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (Globe Specialty Metals Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (jk) or (kl) of Section 9.1 hereof has occurred and is continuing, then all outstanding Revolving Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (LTC Properties Inc)

Bankruptcy Defaults. When any Event of Default described in subsections (jk) or (kl) of Section 9.1 hereof has occurred and is continuing, then all outstanding Loans and all other Obligations shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an amount equal to 102105% of the aggregate full amount then available for drawing under all outstanding Letters of each Letter of Credit then outstandingCredit, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (CPM Holdings, Inc.)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 hereof with respect to any Loan Party has occurred and is continuing, then all outstanding Loans shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of Credit, each of the aggregate amount of each Letter of Credit then outstanding, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Sparton Corp)

Bankruptcy Defaults. When any Event of Default described in subsections (j) or (k) of Section 9.1 10.1 hereof has occurred and is continuing, then all outstanding Loans Notes, including both principal and interest, and all fees, charges, commissions and other Obligations payable hereunder, shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, and the obligation of the Lenders Banks to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower shall immediately deliver pay to the Administrative Agent Cash Collateral in an Agent, subject to Section 10.4 below, the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower acknowledging and agreeing that the Lenders Banks would not have an adequate remedy at law for failure by the Borrower to honor any such demand and that the LendersBanks, and the Administrative Agent on their behalf, shall have the right to require the Borrower to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (Nash Finch Co)

Bankruptcy Defaults. When any Event of Default described in subsections (j), (k) or (kl) of Section 9.1 8.1 hereof has occurred and is continuing, then all outstanding Loans Notes shall immediately become due and payable together with all other amounts payable under the Loan Documents without presentment, demand, protest or notice of any kind, the obligation of the Lenders to extend further credit pursuant to any of the terms hereof shall immediately terminate and the Borrower Borrowers shall immediately deliver pay to the Administrative Agent Cash Collateral in an the full amount equal to 102% then available for drawing under all outstanding Letters of the aggregate amount of each Letter of Credit then outstandingCredit, the Borrower Borrowers acknowledging and agreeing that the Lenders would not have an adequate remedy at law for failure by the Borrower Borrowers to honor any such demand and that the Lenders, and the Administrative Agent on their behalf, shall have the right to require the Borrower Borrowers to specifically perform such undertaking whether or not any draws or other demands for payment have been made under any of the Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (Penford Corp)