Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 34 contracts
Samples: Assignment and Assumption (ATI Physical Therapy, Inc.), Term Loan Agreement (Daseke, Inc.), Credit Agreement (Cava Group, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 21 contracts
Samples: Security Agreement (FTD Group, Inc.), Intercreditor Agreement (SafeNet Holding Corp), Credit Agreement (Propex Fabrics Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days three days after the date due; or
Appears in 18 contracts
Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Digitalglobe, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 13 contracts
Samples: Assignment and Assumption (Claros Mortgage Trust, Inc.), Assignment and Assumption (Claros Mortgage Trust, Inc.), Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 12 contracts
Samples: Credit Agreement (Altisource Portfolio Solutions S.A.), Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp), Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 10 contracts
Samples: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Boise Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 9 contracts
Samples: Credit and Guaranty Agreement (Entravision Communications Corp), Credit and Guaranty Agreement (Services International LLC), Credit and Guaranty Agreement (DynCorp International Inc)
Failure to Make Payments When Due. Failure by the Lead Borrower to pay (i) any installment of principal of any Revolving Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Revolving Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 8 contracts
Samples: Abl Credit Agreement (Hillman Companies Inc), Credit Agreement (Hillman Companies Inc), Fourth Amendment Agreement (Ecovyst Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 8 contracts
Samples: Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Kraton Polymers LLC), Credit and Guaranty Agreement (Kraton Polymers LLC)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing honored or (ii) payment made under a Letter of Credit; or failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 7 contracts
Samples: Security Agreement (MBW Foods Inc), Security Agreement (Outsourcing Solutions Inc), Security Agreement (Aurora Foods Inc /Md/)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 7 contracts
Samples: Credit Agreement (Party City Holdco Inc.), Credit Agreement (Am-Source, LLC), Credit Agreement (Party City Holdco Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or Loan, any fee or any other non-principal amount due hereunder within five Business Days after the date due; or.
Appears in 7 contracts
Samples: First Lien Credit Agreement (Isos Acquisition Corp.), Fourth Amendment (Isos Acquisition Corp.), First Lien Credit Agreement (Isos Acquisition Corp.)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 7 contracts
Samples: Credit Agreement (SB/RH Holdings, LLC), Credit Agreement (Syneos Health, Inc.), Credit Agreement (Spectrum Brands Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (Boise Inc.), Credit and Guaranty Agreement (Gramercy Property Trust Inc.), Credit and Guaranty Agreement (Bz Intermediate Holdings LLC)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) to pay, when due, any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) to pay, within five Business Days after the date due, any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; orhereunder;
Appears in 6 contracts
Samples: Credit Agreement (Navistar International Corp), Credit and Guaranty Agreement (Entegris Inc), Agreement (Navistar International Corp)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 6 contracts
Samples: Intercreditor Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days three days after the date due; or
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 6 contracts
Samples: Credit Agreement, Credit Agreement (Hypercom Corp), Term Loan Agreement (Bare Escentuals Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date duereceiving notice from Administrative Agent of such failure to pay; or
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or failure to pay any other amount due hereunder under this Agreement (including, without limitation, the fees described in Section 2.11 hereof) or to pay interest on any Loan, in either case within five three Business Days after the date when due; or.
Appears in 5 contracts
Samples: Credit Agreement (McGraw-Hill Companies Inc), Day Credit Agreement (McGraw-Hill Companies Inc), Joinder Agreement (McGraw-Hill Companies Inc)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder or under any other Loan Document within five Business Days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals LTD), Credit Agreement (Osmotica Pharmaceuticals LTD)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days three days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Sealy Corp)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Ruths Hospitality Group, Inc.), Credit Agreement (Ruths Chris Steak House, Inc.), Credit Agreement (Ruths Chris Steak House, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five three Business Days after the date due; or
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (AbitibiBowater Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International), Pledge and Security Agreement (AbitibiBowater Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Ameriprise Financial Inc), Credit Agreement (Ameriprise Financial Inc), Credit Agreement (Ameriprise Financial Inc)
Failure to Make Payments When Due. Failure by the Top Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 5 contracts
Samples: Intercreditor Agreement (Cotiviti Holdings, Inc.), First Lien Credit Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) when due any amount payable to the applicable Issuing Bank in reimbursement of any drawing under a Letter of Credit (including any requirement to deposit cash collateral in connection therewith); or (iii) any interest on any Loan or any fee or any other amount due hereunder or under any other Credit Document within five (5) Business Days after the date due; or
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of when due the principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or;
Appears in 5 contracts
Samples: Bridge Loan Agreement (Facebook Inc), Credit Agreement (Facebook Inc), Credit Agreement (Facebook Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Borrower to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 5 contracts
Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc), Credit Agreement (Isle of Capri Casinos Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due, any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due, any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within when due and payable and such default continues for five (5) Business Days after the date dueDays; or
Appears in 5 contracts
Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any premium, any fee or any other amount due hereunder within five three Business Days after the date due; or
Appears in 4 contracts
Samples: Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Victory Capital Holdings, Inc.)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) any installment of principal of any Loan or reimburse any LC Disbursement when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 4 contracts
Samples: Credit Agreement (Knowlton Development Corp Inc), Security Agreement (Knowlton Development Parent, Inc.), Credit Agreement (Knowlton Development Parent, Inc.)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment Installment or payment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to the L/C Issuer in reimbursement of any drawing under a Letter of Credit or any Cash Collateralization required pursuant to Section 2.18; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (CVR Energy Inc), Term Loan and Guaranty Agreement (Autocam Corp/Mi), Pledge and Security Agreement (American Reprographics CO)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) Failure to pay any installment of principal of any Term Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure to pay any interest on any Term Loan or any fee or any other amount (other than an amount referred to in clause (i) above) due hereunder under this Agreement or any other Loan Document within five three (3) Business Days after the date duedue therefor; or
Appears in 4 contracts
Samples: Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Real Mex Restaurants, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure to make reimbursement with respect to any Letter of Credit when due; or (ii) failure to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 4 contracts
Samples: Secured Credit Agreement (Owens Illinois Inc /De/), Secured Credit Agreement (Owens Illinois Group Inc), Credit Agreement (Owens Illinois Group Inc)
Failure to Make Payments When Due. Failure by the Parent Borrower to pay (i) the principal of and premium, if any, on any Term Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepaymentTerm Loan, by mandatory prepayment or otherwise; or (iiiii) when due any interest on any Term Loan or any fee or any other amount due hereunder within five and such failure continues for a period of three (3) Business Days after the date due; orDays;
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.), Credit and Guaranty Agreement (AMC Networks Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or;
Appears in 4 contracts
Samples: Credit Agreement (Cano Health, Inc.), Credit Agreement (Jaws Acquisition Corp.), Bridge Loan Agreement (Cano Health, Inc.)
Failure to Make Payments When Due. Failure by the a Borrower to pay (i) any installment of principal of any Loan or any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) any interest on any Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 4 contracts
Samples: Credit Agreement (Concrete Pumping Holdings, Inc.), Credit Agreement (Concrete Pumping Holdings, Inc.), Credit Agreement (Concrete Pumping Holdings, Inc.)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc), Pledge and Security Agreement (Fairmount Santrol Holdings Inc.)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) within five Business Days after the date due, any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date duehereunder; or
Appears in 3 contracts
Samples: First Lien Credit Agreement (Ranpak Holdings Corp.), First Lien Credit Agreement (Ranpak Holdings Corp.), First Lien Credit Agreement (Ranpak Holdings Corp.)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) any installment of principal of any Revolving Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Revolving Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 3 contracts
Samples: Abl Credit Agreement (Hayward Holdings, Inc.), Credit Agreement (Hayward Holdings, Inc.), Credit Agreement (Hayward Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (IntraLinks Holdings, Inc.), Credit Agreement (Maidenform Brands, Inc.), Credit Agreement (IntraLinks Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) to pay, when due, any installment of principal of any Loan when dueTerm Loan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise or (ii) any interest on any Loan or any fee or any other amount due hereunder to pay, within five three Business Days after the date due; or, any interest on any Term Loan or any fee, any premium or any other amount due hereunder;
Appears in 3 contracts
Samples: Counterpart Agreement (Alon USA Partners, LP), Credit and Guaranty Agreement (Alon USA Energy, Inc.), Credit and Guaranty Agreement (Alon USA Energy, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Loan Parties to pay (i) any installment of the principal of any Loan when due, due (whether at stated maturity, by acceleration, or otherwise), (ii) when due any installment of principal of any Loan, by notice of voluntary prepayment, by mandatory prepayment prepayment, or otherwise; or , (iiiii) within three (3) Business Days after the date when due, any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; hereunder, or
Appears in 3 contracts
Samples: Credit Agreement (Franchise Group, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Company to pay when due any amount payable to Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Korn Ferry International), Credit Agreement (Korn Ferry International), Credit Agreement (Manufacturers Services LTD)
Failure to Make Payments When Due. Failure by the Borrower Companies to pay (i) when due the principal of and premium, if any, on any Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Loan when due, whether at stated maturity, by accelerationLoan, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (iiiii) within one Business Day of when due any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; oror under any other Credit Document.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuer in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the two (2) days of its due date, or if no due date dueis specified, within two (2) days of demand thereof; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Euramax Holdings, Inc.), General Intercreditor Agreement (Euramax International, Inc.), Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, Inc.)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) any amount payable to Issuing Lender in reimbursement of any drawing under a Letter of Credit, any interest on any Loan Loan, or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)
Failure to Make Payments When Due. (a) Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment (except as provided in Section 2.4(b)(iii)(F) with respect to an incorrect calculation of mandatory prepayment amounts) or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Borrower to pay when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Isle of Capri Casinos Inc), Security Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) any installment of principal of on any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure by the Borrowers to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Las Vegas Sands Corp), Construction Loan Agreement (Las Vegas Sands Inc), Construction Loan Agreement (Las Vegas Sands Corp)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) to pay, when due, any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) to pay, within three (3) Business Days after the date due, any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; oror under any other Credit Document;
Appears in 3 contracts
Samples: And Guaranty Agreement (GWG Holdings, Inc.), And Guaranty Agreement (GWG Holdings, Inc.), Credit and Guaranty Agreement (GWG Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 3 contracts
Samples: Assignment and Assumption (PSAV, Inc.), Assignment and Assumption (Interline Brands, Inc./De), Credit Agreement (PSAV, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days three days after the date due; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Tronox Inc), Credit and Guaranty Agreement (Keystone Automotive Operations Inc), Credit and Guaranty Agreement (Tronox Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (Aeroflex Inc), Credit and Guaranty Agreement (Aeroflex Holding Corp.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or;
Appears in 3 contracts
Samples: First Lien Credit Agreement (Post Holdings, Inc.), Intercreditor Agreement (Post Holdings, Inc.), Intercreditor Agreement (Post Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueor Reimbursement Obligation, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or Reimbursement Obligation or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 3 contracts
Samples: First Lien Credit Agreement (Hayward Holdings, Inc.), First Lien Credit Agreement (Hayward Holdings, Inc.), Credit Agreement (Hillman Solutions Corp.)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) any installment of principal of or interest on any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by any Borrower to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by any interest on any Loan or Borrower to pay any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Horticulture Inc)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Kleopatra Holdings 2 S.C.A.), Credit Agreement (Orion Engineered Carbons S.A.), Credit Agreement (Orion S.A.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure by Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Term Credit Agreement (Safeway Inc), Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal or interest of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 3 contracts
Samples: Senior Credit Agreement (Prospect Street Nyc Discovery Fund Lp), Senior Credit Agreement (Skyline Multimedia Entertainment Inc), Secured Credit Agreement (Talkpoint Communications Inc)
Failure to Make Payments When Due. (i) Failure by the any Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure by the Company to pay when due any L/C Obligations; or (iii) failure by any Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (United Online Inc), Credit Agreement (FTD Companies, Inc.), Credit Agreement (FTD Companies, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Borrower to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five three Business Days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Lodgenet Entertainment Corp), Credit Agreement (Central Garden & Pet Company), Credit Agreement (Integrated Defense Technologies Inc)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) any installment of principal of on any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Borrowers to pay when due any amount payable to an Issuing Lender in reimbursement of any drawings; or (ii) failure by Borrowers to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Grand Canal Shops Mall Construction LLC), Credit Agreement (Las Vegas Sands Inc)
Failure to Make Payments When Due. Failure by the Borrower Loan Parties to pay (i) any installment of the principal of any Loan when due, due (whether at stated maturity, by acceleration, or otherwise), (ii) when due any installment of principal of any Loan, by notice of voluntary prepayment, by mandatory prepayment prepayment, or otherwise; or , (iiiii) within three (3) Business Days after the date when due, any interest on any Loan or any fee (including the Exit Fee) or any other amount due hereunder within five Business Days after the date due; hereunder, or
Appears in 3 contracts
Samples: Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.), Credit Agreement (Franchise Group, Inc.)
Failure to Make Payments When Due. (a) Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (iib) failure by Company to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or failure by Company to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (United Online Inc), Credit Agreement (United Online Inc), Security Agreement (United Online Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of the principal of and premium (including the Applicable Prepayment Premium) on any Loan when due, whether at stated maturity, by acceleration, or otherwise, (ii) when due any installment of principal of any Loan, by notice of voluntary prepayment, by mandatory prepayment prepayment, or otherwise; or , (iiiii) within three (3) Business Days after the date when due, any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; hereunder, or
Appears in 3 contracts
Samples: Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Orbital Energy Group, Inc.)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) any installment of principal of any Loan when due, and in the currency required hereunder, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by any Borrower to pay when due any amount payable to the Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by any Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days three (3) days after the date due; or
Appears in 3 contracts
Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment Installment or payment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit or any Cash Collateralization required pursuant to Section 2.22(d); or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Gen Probe Inc), Credit and Guaranty Agreement (Hologic Inc)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (New GGP, Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.)
Failure to Make Payments When Due. Failure by the a Borrower to pay (i) the principal of and premium, if any, on any Term Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Loan when due, whether at stated maturity, by accelerationTerm Loan, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (iiiii) within three (3) Business Days when due any interest on any Term Loan or any fee or any other amount due hereunder within five Business Days after the date duehereunder; or
Appears in 3 contracts
Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; due; or
Appears in 3 contracts
Samples: Credit Agreement (SB/RH Holdings, LLC), Credit Agreement (SB/RH Holdings, LLC), Credit Agreement (SB/RH Holdings, LLC)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any Letter of Credit Disbursement; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days three days after the date due; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Berry Plastics Corp), Credit and Guaranty Agreement (BPC Holding Corp), Credit and Guaranty Agreement (BPC Holding Corp)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of the principal of any and premium, if any, on the Term Loan when due, whether at stated maturity, by accelerationacceleration or otherwise; (ii) when due any installment of principal of the Term Loan, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (iiiii) within three (3) Business Days after the same shall become due, any interest on any the Term Loan or any fee or any other amount due hereunder within five Business Days after the date due; orhereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit and Guaranty Agreement (Waitr Holdings Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) when due any amount payable to the applicable Issuing Bank in reimbursement of any drawing under a Letter of Credit (including any requirement to deposit Cash Collateral in connection therewith); or (iii) any interest on any Loan or any fee or any other amount due hereunder within five (5) Business Days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Artivion, Inc.), Credit and Guaranty Agreement (Cryolife Inc)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days (5) days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) when due any installment of principal of any Loan when dueTerm Loan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Term Loan or any fee fee, premium or any other amount due hereunder within five three (3) Business Days after the date due; or (iii) any amounts due pursuant to the Orders; or
Appears in 2 contracts
Samples: Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee (including the Early Payment Premium) or any other amount due hereunder within five Business Days three days after the date due; or
Appears in 2 contracts
Samples: Credit Agreement (Molycorp, Inc.), Credit Agreement (Molycorp, Inc.)
Failure to Make Payments When Due. Failure by the either Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 2 contracts
Samples: Counterpart Agreement (Arizona Chemical Ltd.), First Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five Business Days days after the date due; or
Appears in 2 contracts
Samples: Credit Agreement (Owens Illinois Inc /De/), Credit Agreement (Owens Illinois Inc /De/)
Failure to Make Payments When Due. Failure by the any Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to the Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five four (4) Business Days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols Germany GmbH)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Aeroflex Inc), Bridge Credit and Guaranty Agreement (Leonardo DRS, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal or interest of any the Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Skyline Multimedia Entertainment Inc), Secured Credit Agreement (Prospect Street Nyc Discovery Fund Lp)
Failure to Make Payments When Due. (i) Failure by the any Borrower to pay (i) any installment of principal of any Loan when duedue (including such payments due in accordance with Section 2.4A(iii) hereof), whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; , or (ii) failure by any Borrower to pay any interest on any Loan or any fee or any Unpaid Drawing or any other amount (other than an amount referred to in clause (i) above) due hereunder under this Agreement or any other Loan Document within five Business Days days after the date duedue therefor; or
Appears in 2 contracts
Samples: Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Taylor Morrison Home Corp)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five two (2) Business Days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Mariner Health Care Inc), Credit and Guaranty Agreement (Mariner Health Care Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or Loan, any fee fee, premium (including the Prepayment Premium) or any other amount due hereunder hereunder, in the case of this clause (ii), within five three Business Days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (TiVo Corp), Patent Security Agreement (BlueLinx Holdings Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due, any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or , (ii) when due, any amount payable to the applicable Issuing Bank in reimbursement of any drawing under any Letter of Credit or (iii) within three Business Days after the date due, any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; orhereunder;
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (CVR Partners, Lp), Credit and Guaranty Agreement (CVR Energy Inc)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee fee, expense reimbursement or any other amount due hereunder within five Business Days days after the date due; or
Appears in 2 contracts
Samples: Security Agreement (X Rite Inc), First Lien Credit and Guaranty Agreement (X Rite Inc)
Failure to Make Payments When Due. Failure by the Borrower Borrowers to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder or under any other Credit Document (other than an amount referred to in clause (i) above) within five three Business Days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Corsair Gaming, Inc.), Credit and Guaranty Agreement (Corsair Gaming, Inc.)
Failure to Make Payments When Due. (i) Failure by the Borrower to pay (i) any installment of principal of any the Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) failure by the Borrower to pay any interest on any the Loan or any fee or any other amount due hereunder under this Agreement within five three Business Days after the date due; or
Appears in 2 contracts
Samples: Term Loan Agreement (Assurant Inc), Term Loan Agreement (Assurant Inc)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; failure by Borrower to pay when due any amount payable to an Issuing Lender in reimbursement of any drawing under a Letter of Credit; or (ii) failure by Borrower to pay any interest on any Loan or any fee or any other amount due hereunder under this Agreement within five 3 Business Days after the date due; or
Appears in 2 contracts
Samples: Credit Agreement (Brand Energy & Infrastructure Services, Inc), Credit Agreement (Brand Intermediate Holdings Inc)
Failure to Make Payments When Due. Failure by the Borrower Company to pay (i) when due any installment of principal of any Loan when dueLoan, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; (ii) when due any amount payable to Issuing Bank in reimbursement of any drawing under a Letter of Credit; or (iiiii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Day International Group Inc), Credit and Guaranty Agreement (American Achievement Corp)
Failure to Make Payments When Due. (a) Failure by the Borrower Company to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment (except as provided in Section 2.4(b)(ii)(F) with respect to an incorrect calculation of mandatory prepayment amounts) or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or
Appears in 2 contracts
Samples: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) any installment of the principal of any and premium, if any, on the Term Loan when due, whether at stated maturity, by accelerationacceleration or otherwise; (ii) when due any installment of principal of the Term Loan, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (iiiii) within three (3) Business Days after the same shall become due, any interest on any the Term Loan or any fee or any other amount due hereunder within five Business Days after the date duehereunder; or
Appears in 2 contracts
Samples: Credit Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.)
Failure to Make Payments When Due. Failure by the any Borrower or any other Credit Party to pay (i) when due the principal of and premium, if any, on any Loan whether at stated maturity, by acceleration or otherwise; (ii) when due any installment of principal of any Loan when due, whether at stated maturity, by accelerationAgent Advance or Loan, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (iiiii) when due any interest on any Agent Advance or any Loan or any fee or any other amount due hereunder within five Business Days after the date due; orhereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Handleman Co /Mi/), Credit Agreement (Handleman Co /Mi/)
Failure to Make Payments When Due. Failure by the Borrower to pay (i) when due any installment principal amount (or premium thereon) of principal of any Loan when duethe Term Loans, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan the Term Loans or any fee or any other amount due hereunder or any of the other Credit Documents within five three (3) Business Days after the date due; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Exopack Holding Corp), Credit and Guaranty Agreement (Exopack Holding Corp)
