Common use of Effect of Event of Default Clause in Contracts

Effect of Event of Default. If any Event of Default shall occur, the Lender may (i) by notice to the Company, (A) declare its Commitment to be terminated, whereupon the same shall immediately terminate, and (B) declare the entire unpaid principal amount of each Loan (and of the Loans), all interest accrued and unpaid thereon and all other Obligations to be immediately due and payable, whereupon with respect to each Loan, all such accrued interest and all such other Obligations shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Company, PROVIDED that if an event described in Section 6.01(e) shall occur, the result which would otherwise occur only upon giving of notice by the Lender to the Company as specified in this clause (i) shall occur automatically, without the giving of any such notice; (ii) whether or not the actions referred to in clause (i) have been taken, (A) exercise any or all of the Lender's rights and remedies under the Collateral Documents, and (B) proceed to enforce all other rights and remedies available to the Lender under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting the

Appears in 1 contract

Sources: Loan Agreement (Lifef X Inc)

Effect of Event of Default. If any Event of Default shall occuroccur and be continuing, the Lender may Agent shall, at the request of, or may, with the consent of, the Majority Banks, (iI) by notice to the CompanyBorrower, (A) declare its Commitment the Revolving Commitments of the Banks to be terminated, whereupon the same shall immediately forthwith terminate, and (B) declare the entire unpaid principal amount of each Loan (the Loans and of the Loans)Notes, all interest accrued and unpaid thereon and all other Obligations to be immediately forthwith due and payable, whereupon with respect to each Loanthe Loans and the Notes, all such accrued interest and all such other Obligations shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the CompanyBorrower, PROVIDED provided that if an event described in Section 6.01(eSections 10.01(e) or 10.01(f) shall occur, the result which would otherwise occur only upon giving of notice by the Lender Agent to the Company Borrower as specified in this clause (iI) shall occur automatically, without the giving of any such notice; and (iiII) whether or not the actions referred to in clause (iI) have been taken, (A) exercise any or all of the Lender's rights and remedies under the Collateral Documents, and (B) proceed to enforce all other rights and remedies available to the Lender Agent and the Banks under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting the.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Cadence Design Systems Inc)

Effect of Event of Default. If any Event of Default shall occuroccur and be continuing, the Lender may Agent shall, at the request of, or may, with the consent of, the Majority Banks, (i) by notice to the CompanyBorrower, (Aa) declare its Commitment the Revolving Commitments of the Banks to be terminated, whereupon the same shall immediately forthwith terminate, and (Bb) declare the entire unpaid principal amount of each Loan (the Loans and of the Loans)Notes, all interest accrued and unpaid thereon and all other Obligations to be immediately forthwith due and payable, whereupon with respect to each Loanthe Loans and the Notes, all such accrued interest and all such other Obligations shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the CompanyBorrower, PROVIDED that if an event described in Section 6.01(eSections 10.01(e) or 10.01(f) shall occur, the result which would otherwise occur only upon giving of notice by the Lender Agent to the Company Borrower as specified in this clause (iI) shall occur automatically, without the giving of any such notice; and (ii) whether or not the actions referred to in clause (iI) have been taken, (A) exercise any or all of the Lender's rights and remedies under the Collateral Documents, and (B) proceed to enforce all other rights and remedies available to the Lender Agent and the Banks under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting the.

Appears in 1 contract

Sources: Credit Agreement (Cadence Design Systems Inc)

Effect of Event of Default. If any Event of Default shall occuroccur and be continuing, the Lender may (i) by notice to the Company, (A) declare its Commitment any obligation to advance or maintain Loans hereunder to be terminated, whereupon the same shall immediately forthwith terminate, and (B) declare the entire unpaid principal amount of each Loan (the Loans and of the Loans)Note, all interest accrued and unpaid thereon and all other Obligations to be immediately forthwith due and payable, whereupon with respect to each Loanthe Loans and the Note, all such accrued interest and all such other Obligations shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Company, PROVIDED provided that if upon the occurrence of an event described in Section 6.01(e) shall occuractual or deemed entry of an order for relief with respect to the Company under the Bankruptcy Code, the result which would otherwise occur only upon giving of notice by the Lender to the Company as specified in this clause (i) shall occur automatically, without the giving of any such notice; and (ii) whether or not the actions referred to in clause (i) have been taken, (A) exercise any or all of the Lender's ’s rights and remedies under the Collateral Documents, and (B) proceed to enforce all other rights and remedies available to the Lender under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting the.

Appears in 1 contract

Sources: Loan Agreement (Harvest Capital Credit Corp)

Effect of Event of Default. If any Event of Default shall occuroccur and be continuing, the Lender may Agent shall, at the request of, or may, with the consent of, the Majority Banks, (i) by notice to the CompanyBorrower, (A) declare its Commitment the Commitments of the Banks to be terminated, whereupon the same shall immediately forthwith terminate, and (B) declare the entire unpaid principal amount of each Loan (the Loans and of the Loans)Notes, all interest accrued and unpaid thereon and all other Obligations to be immediately forthwith due and payable, whereupon with respect to each Loanthe Loans and the Notes, all such accrued interest and all such other Obligations shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the CompanyBorrower, PROVIDED provided that if an event described in Section 6.01(e10.01(e) or (f) shall occur, the result which would otherwise occur only upon giving of notice by the Lender Agent to the Company Borrower as specified in this clause (i) shall occur automatically, without the giving of any such notice; and (ii) whether or not the actions referred to in clause (i) have been taken, (A) exercise any or all of the Lender's rights and remedies under the Collateral Documents, and (B) proceed to enforce all other rights and remedies available to the Lender Agent and the Banks under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting the.

Appears in 1 contract

Sources: Credit Agreement (Lsi Logic Corp)

Effect of Event of Default. If any Event of Default shall occuroccur and be continuing, the Lender may (i) by notice to the Company, (A) declare its Commitment to be terminated, whereupon the same shall immediately terminate, and (B) declare the entire unpaid principal amount of each the Loan (and of the Loans)Notes related thereto, all interest accrued and unpaid thereon and all other Obligations to be immediately forthwith due and payable, whereupon with respect to each Loanthe Loan and any such Notes, all such accrued interest and all such other Obligations shall become and be forthwith due and payable; in each case, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Company, PROVIDED provided that if upon the occurrence of an event described in Section 6.01(e) shall occuractual or deemed entry of an order for relief with respect to the Company under the Bankruptcy Code, the result which would otherwise occur only upon giving of notice by the Lender to the Company as specified in this clause (i) herein shall occur automatically, without the giving of any such notice; (ii) . If any Event of Default shall occur and be continuing, whether or not the actions referred to in clause (i) above have been taken, the Lender may (A) exercise any or all of the Lender's ’s rights and remedies under the Collateral Documents, and (B) proceed to enforce all other rights and remedies available to the Lender under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting the.

Appears in 1 contract

Sources: Bridge Loan Agreement (Aksys LTD)

Effect of Event of Default. If any Event of Default shall occuroccur and be continuing, the Lender may Agent shall, at the request of the Majority Banks, or may, with the consent of the Majority Banks, (i) by notice to the Company, (A) declare its Commitment the Commitments of the Banks (other than their respective L/C Commitments with respect to outstanding Letters of Credit) and any obligations of the Issuing Bank to issue, amend or renew Letters of Credit, to be terminated, whereupon the same shall immediately forthwith terminate, and (B) declare an amount equal to the maximum aggregate amount that is or at any time thereafter may become available for drawing under any outstanding Letters of Credit (whether or not any beneficiary shall have presented, or shall be entitled at such time to present, the drafts or other documents required to draw under such Letters of Credit) to be immediately due and payable; and declare the entire unpaid principal amount of each Loan (the Loans and of the Loans)Notes, all interest accrued and unpaid thereon and all other Obligations to be immediately forthwith due and payable, whereupon such amount with respect to each LoanLetters of Credit, the Loans and the Notes, all such accrued interest and all such other Obligations shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Company, PROVIDED Borrower; provided that if an event described in Section 6.01(e11.01(e) or (f) shall occur, the result which would otherwise occur only upon giving of notice by the Lender Agent to the Company as specified in this clause (i) shall occur automatically, without the giving of any such notice; (ii) whether or not the actions referred to in clause (i) have been taken, (A) exercise any or all of the Lender's rights and remedies under the Collateral Documents, and (B) proceed to enforce all other rights and remedies available to the Lender under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting theBorrower as

Appears in 1 contract

Sources: Credit Agreement (Watkins Johnson Co)

Effect of Event of Default. If any Event of Default shall occuroccur and be continuing, the Lender may Agent shall, at the request of, or may, with the consent of, the Majority Banks, (iI) by notice to the CompanyBorrower, (Aa) declare its Commitment the Revolving Commitments of the Banks to be terminated, whereupon the same shall immediately forthwith terminate, and (Bb) declare the entire unpaid principal amount of each Loan (the Loans and of the Loans)Notes, all interest accrued and unpaid thereon and all other Obligations to be immediately forthwith due and payable, whereupon with respect to each Loanthe Loans and the Notes, all such accrued interest and all such other Obligations shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the CompanyBorrower, PROVIDED that if an event described in Section 6.01(eSections 10.01(e) or 10.01(f) shall occur, the result which would otherwise occur only upon giving of notice by the Lender Agent to the Company Borrower as specified in this clause (iI) shall occur automatically, without the giving of any such notice; and (iiII) whether or not the actions referred to in clause (iI) have been taken, (A) exercise any or all of the Lender's rights and remedies under the Collateral Documents, and (B) proceed to enforce all other rights and remedies available to the Lender Agent and the Banks under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting the.

Appears in 1 contract

Sources: Credit Agreement (Cadence Design Systems Inc)

Effect of Event of Default. If any Event of Default shall occuroccur and is continuing, Agent shall, at the Lender may request of, or may, with the consent of, Majority Lenders, by notice from Agent to Borrower, (i) by notice to declare the Company, (A) declare its Commitment Commitments to be terminated, whereupon the same shall immediately forthwith terminate, and (Bii) declare the entire unpaid principal amount of each Loan (the Loans and of the Loans)Notes, all interest accrued and unpaid thereon and all other Obligations to be immediately forthwith due and payable, whereupon with respect to each Loanthe Loans and the Notes, all such accrued interest and all such other Obligations shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the CompanyBorrower, PROVIDED provided that if an event described in Section 6.01(e6.1(e) or 6.1(f) shall occur, the result which would otherwise occur only upon giving of notice by the Lender Agent to the Company Borrower as specified in this clause (i) Section 6.2 shall occur automatically, without the giving of any such notice; (ii) whether or not the actions referred to in clause (i) have been taken. Additionally, (A) Agent and Lenders may exercise any or all of the Lender's their rights and remedies under the Collateral Documents, and (B) proceed to enforce all other rights and remedies available to the Lender them under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting the.

Appears in 1 contract

Sources: Credit Agreement (Cbeyond Communications Inc)

Effect of Event of Default. If any Event of Default shall occur, the Lender Majority Lenders may (i) by notice to the Company, (A) declare its Commitment to be terminated, whereupon the same shall immediately terminate, and (B) declare the entire unpaid principal amount of each Loan (the Term Loans and of the Loans)Term Notes, all interest accrued and unpaid thereon and all other Obligations amounts payable under or in connection with this Agreement and the other Loan Documents to be immediately forthwith due and payable, whereupon with respect to each Loanthe Term Loans and the Term Notes, all such accrued interest and all such other Obligations amounts shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Company, PROVIDED provided that if an event described in Section 6.01(e9(a)(i) shall occur, the result which would otherwise occur only upon giving of notice by the Lender Majority Lenders to the Company Company, as specified in this clause (i) ), shall occur automatically, without the giving of any such notice; and (ii) whether or not the actions referred to in clause (i) have been taken, (A) exercise any or all of the Lender's rights and remedies under the Collateral DocumentsPledge Agreements, and (B) proceed to enforce all other rights and remedies available to the Lender Lenders under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting the.

Appears in 1 contract

Sources: Term Loan Agreement (Long Distance International Inc)

Effect of Event of Default. If any Event of Default shall occuroccur and be continuing, the Lender may (i) by notice to the CompanyBorrower, (A) declare its the Commitment to be terminated, whereupon the same shall immediately forthwith terminate, and (B) declare the entire unpaid principal amount of each Loan (the Term Loans and of the Loans)Notes, all interest accrued and unpaid thereon and all other Obligations to be immediately forthwith due and payable, whereupon such amounts with respect to each Loanthe Term Loans and the Notes, all such accrued interest and all such other Obligations shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by Borrower, and (C) exercise on behalf of itself all rights and remedies available to it under the Company, PROVIDED Loan Documents or applicable law; provided that if an event described in Section 6.01(e11.01(d) shall occur, the result which would otherwise occur only upon giving of notice by the Lender to the Company as results specified in this clause (i) shall occur automatically, without the giving of any such noticenotice by Lender to Borrower; and (ii) whether or not the actions referred to in clause (i) have been taken, (A) exercise any or all of the Lender's rights and remedies under the Collateral Documents, and (B) proceed to enforce all other rights and remedies available to the Lender under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting the.

Appears in 1 contract

Sources: Term Loan Agreement (Onyx Acceptance Corp)

Effect of Event of Default. If any Event of Default shall occuroccur and be continuing, the Lender may Agent shall, at the request of, or may, with the consent of, the Majority Lenders, (ia) by notice to the CompanyBorrower, (Ai) declare its Commitment the Commitments of the Lenders to be terminated, whereupon the same shall immediately forthwith terminate, and (Bii) declare the entire unpaid principal amount of each Loan (the Loans and of the Loans)Notes, all interest accrued and unpaid thereon and all other Obligations to be immediately forthwith due and payable, whereupon with respect to each Loanthe Loans and the Notes, all such accrued interest and all such other Obligations shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the CompanyBorrower; provided that upon the occurrence of an actual or deemed entry of an order for relief with respect to any Credit Party under the Bankruptcy Code, PROVIDED that if an event described or any other Event of Default specified in Section 6.01(e11.01(e) shall occuror (f) which has the effect of staying actions against any Credit Party, the result which would otherwise occur only upon giving of notice by the Lender Agent to the Company Borrower as specified in this clause (ia) shall occur automatically, without the giving of any such notice; and (iib) whether or not the actions referred to in clause (ia) have been taken, (Ai) exercise any or all of the Lender's Agent’s rights and remedies under the Collateral Documents, and (Bii) proceed to enforce all other rights and remedies available to the Lender Agent and the Lenders under the Loan Documents and applicable law; and (iii) cause the Company to increase the numbers of directors constituting the.

Appears in 1 contract

Sources: Credit Agreement (Aquaventure Holdings LLC)