Forbearance Termination Date. A Forbearance Termination Date shall occur; then, and in any such event, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent, upon the written request of the Required Lenders, shall by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent, any Lender or the holder of any Note to enforce its claims against any Credit Party (provided that, if an Event of Default specified in Section 11.05 shall occur, the result which would occur upon the giving of written notice by the Administrative Agent to the Borrower as specified in clauses (i), (ii), (iii) and (iv) below shall occur automatically without the giving of any such notice); provided, further, that if any Guarantor is subject to an Event of Default specified in Section 11.05, then notwithstanding anything to the contrary contained above, all obligations guaranteed by the respective Guarantor, whether fixed or contingent, shall be deemed, without the necessity of further action or notice to be due and payable in full): (i) declare the Tranche B Term Loan Commitments terminated, whereupon all Tranche B Term Loan Commitments of each Lender shall forthwith terminate immediately and any accrued and unpaid fees or other amounts payable to the Tranche B Term Lenders shall forthwith become due and payable without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans and the Notes and all Obligations, including, without limitation, all Deferred Fees, owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by each Credit Party; and (iii) cause the Collateral Agent to enforce all of the Liens and security interests created pursuant to the Security Documents.
Appears in 1 contract
Sources: Priority Credit Agreement (Trico Marine Services Inc)
Forbearance Termination Date. A Forbearance Termination Date (under and as defined in the Third Amendment) shall occur; then, and in any such event, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent, upon the written request of the Required Revolving Lenders and/or the Required Term Lenders, shall by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent, any Lender or the holder of any Note to enforce its claims against any Credit Party (provided that, if an Event of Default specified in Section 11.05 shall occur, the result which would occur upon the giving of written notice by the Administrative Agent to the Borrower as specified in clauses (i), (ii), (iii) and (iv) below shall occur automatically without the giving of any such notice); provided, further, that if any Guarantor is subject to an Event of Default specified in Section 11.05, then notwithstanding anything to the contrary contained above, all obligations guaranteed by the respective Guarantor, whether fixed or contingent, shall be deemed, without the necessity of further action or notice to be due and payable in full): (i) declare the Revolving Loan Commitments terminated, whereupon all Revolving Loan Commitments of each Lender shall forthwith terminate immediately and any Commitment Commission shall forthwith become due and payable without any other notice of any kind; (ii) declare the Tranche A Term Loan Commitments terminated, whereupon all Tranche A Term Loan Commitments of each Lender shall forthwith terminate immediately and any accrued and unpaid fees or other amounts payable to the Tranche A Term Lenders, whether under the Yield Enhancement Letter or otherwise, shall forthwith become due and payable without any other notice of ay kind; (iii) declare the Tranche B Term Loan Commitments terminated, whereupon all Tranche B Term Loan Commitments of each Lender shall forthwith terminate immediately and any accrued and unpaid fees or other amounts payable to the Tranche B Term Lenders Lenders, whether under the Yield Enhancement Letter or otherwise, shall forthwith become due and payable without any other notice of any ay kind; (iiiv) declare the principal of and any accrued interest in respect of all Loans and the Notes and all Obligations, including, without limitation, all Deferred FeesPrepayment Premiums, owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by each Credit Party; (v) terminate any Letter of Credit that may be terminated in accordance with its terms; and (iiivi) cause the enforce, as Collateral Agent to enforce Agent, all of the Liens and security interests created pursuant to the Security Documents. Notwithstanding the foregoing, until the expiration of the Forbearance Period, (i) Sections 11.03, 11.04 (other than with respect to the Senior Notes Indenture), 11.05 (other than clause (ix) thereof), 11.06, 11.08 (solely to the extent as a result of the Parent Bankruptcy Case) and 11.09 shall not apply to the Parent, Trico Cayman and/or Trico Holdco and (ii) Section 11.11 shall not apply. For the avoidance of doubt, until the expiration of the Forbearance Period, the commencement and continuation of a Parent Bankruptcy Case shall be deemed not to result in any Default, Event of Default or a breach of any other covenant or term of this Agreement; provided, however, that rights of the Administrative Agent and the Lenders to enforce the obligations of the Parent, Trico Cayman and/or Trico Holdco under their Guarantees are expressly reserved.
Appears in 1 contract
Sources: Credit Agreement and Forbearance Agreement (Trico Marine Services Inc)