Common use of Non-Payment of Obligations Clause in Contracts

Non-Payment of Obligations. Borrower shall default in the payment or prepayment when due of any principal of any Loan, or Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interest, fee or of any other obligation hereunder.

Appears in 15 contracts

Samples: Credit Agreement (Apache Corp), Credit Agreement (Apache Corp), Credit Agreement (Apache Corp)

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Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of (i) any principal of or interest on any Loan, or Borrower shall default (ii) any fee described in Article III or any other monetary Obligation, and in the case of clause (ii) such default shall continue unremedied for a period of five (5) two Business Days) in the payment when due of any interest, fee or of any other obligation hereunderDays after such amount was due.

Appears in 12 contracts

Samples: Acknowledgement and Agreement (Unilife Corp), Credit Agreement (Verrica Pharmaceuticals Inc.), Credit Agreement (Bacterin International Holdings, Inc.)

Non-Payment of Obligations. Borrower shall default in the payment or prepayment when due of any principal of any LoanLoan or any reimbursement obligation in respect of any LC Disbursement, or Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interest, fee or of any other obligation hereunder.

Appears in 11 contracts

Samples: Credit Agreement (APA Corp), Credit Agreement (Apache Corp), Credit Agreement (Apache Corp)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of (i) any principal of or interest on any Loan, or Borrower shall default (ii) any fee described in Article III or any other monetary Obligation, and in the case of clause (ii) such default shall continue unremedied for a period of five (5) three Business Days) in the payment when due of any interest, fee or of any other obligation hereunderDays after such amount was due.

Appears in 10 contracts

Samples: Credit Agreement (Natera, Inc.), Credit Agreement (Natera, Inc.), Credit Agreement (Acutus Medical, Inc.)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interestinterest on any Loan, of any fee hereunder or of any other obligation hereunderObligation.

Appears in 10 contracts

Samples: Term Loan Agreement (Noble Energy Inc), Credit Agreement (Noble Energy Inc), 364 Day Credit Agreement (Noble Energy Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of or interest on any LoanLoan or any reimbursement obligation when due, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, commitment fee or other fee or of any other obligation hereunderObligation.

Appears in 8 contracts

Samples: Credit Agreement (Novamed Inc), Credit Agreement (Novamed Inc), Pledge Agreement (Novamed Inc)

Non-Payment of Obligations. (a) The Borrower shall default in the payment or prepayment when due of any principal of any LoanLoan when due or any Reimbursement Obligations or any deposit of cash for collateral purposes pursuant to Section 2.6.2 or Section 2.6.4, as the case may be, or Borrower (b) any Obligor (including the Borrower) shall default (and such default shall continue unremedied for a period of five (5) three Business Days) in the payment when due of any interest, interest or commitment fee with respect to the Loans or Commitments or of any other obligation hereundermonetary Obligation.

Appears in 8 contracts

Samples: Patent Security Agreement (Dri I Inc), Credit Agreement (Dri I Inc), Credit Agreement (Dri I Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any LoanLoan or any reimbursement obligation in respect of any LC Disbursement, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interestinterest on any Loan, of any fee hereunder or of any other obligation hereunderObligation.

Appears in 7 contracts

Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co), Credit Agreement (Noble Energy Inc)

Non-Payment of Obligations. (a) The Borrower shall default in the payment or prepayment when due of any principal of any LoanLoan when due or any Reimbursement Obligations or any deposit of cash for collateral purposes pursuant to Section 2.6.4, as the case may be, or Borrower (b) any Obligor (including the Borrower) shall default (and such default shall continue unremedied for a period of five (5) three Business Days) in the payment when due of any interest, interest or commitment fee with respect to the Loans or Commitments or of any other obligation hereundermonetary Obligation.

Appears in 5 contracts

Samples: And Combined Credit Agreement (Merrill Corp), Credit Agreement (Charles River Laboratories International Inc), Credit Agreement (Charles River Laboratories Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee Commitment Fee or of any other obligation hereunderObligation.

Appears in 5 contracts

Samples: Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Markwest Hydrocarbon Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any Loan, ; the Borrower shall default in the payment when due of any Reimbursement Obligation or Hedging Obligation under a Hedging Agreement in effect between the Borrower and the Lender or an Affiliate of the Lender; or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, interest on any Loan or any fee or of any other obligation hereunderObligation.

Appears in 4 contracts

Samples: Credit Agreement (Esenjay Exploration Inc), Credit Agreement (Esenjay Exploration Inc), Credit Agreement (Esenjay Exploration Inc)

Non-Payment of Obligations. Any Borrower shall default in the payment or prepayment when due of any principal of on any Loan, or any Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interestfee, fee any interest or of any other obligation hereunderObligation.

Appears in 4 contracts

Samples: Credit Agreement (Andrew Corp), Credit Agreement (Andrew Corp), Credit Agreement (Andrew Corp)

Non-Payment of Obligations. Any Borrower or any other Obligor shall (a) default in the payment or prepayment when due of any principal of any Loan, (b) default in the payment when due of any Reimbursement Obligation, or Borrower shall (c) default (and such default shall continue unremedied for a period of five (5) three Business Days) in the payment when due of any interestinterest on any Loan, any fee or of any other obligation hereunderObligation.

Appears in 4 contracts

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

Non-Payment of Obligations. The Borrower shall (a) default in the payment or prepayment when due of any the principal of any LoanLoan or (b) default, or Borrower shall default (and such default shall continue unremedied uncured for a period of five (5) Business Days) three days, in the payment when due of any interestinterest on any Loan or any reimbursement obligation, or any commitment fee or other fee or of any other obligation hereunderObligation.

Appears in 3 contracts

Samples: Credit Agreement (Novamed Inc), Credit Agreement (Novamed Inc), Credit Agreement (Novamed Inc)

Non-Payment of Obligations. (a) The Borrower shall default in the payment or prepayment when due of any principal of any LoanLoan when due, or Borrower (b) any Obligor (including the Borrower) shall default (and such default shall continue unremedied for a period of five (5) three Business Days) in the payment when due of any interest, interest or commitment fee with respect to the Loans or Commitments or of any other obligation hereundermonetary Obligation.

Appears in 3 contracts

Samples: Credit Agreement (Brand Scaffold Services Inc), Credit Agreement (Brand Scaffold Services Inc), Credit Agreement (Brand Scaffold Services Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any Loan, the Borrower shall default in the payment when due of any Reimbursement Obligation, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of interest on any interestLoan, any fee or of any other obligation hereunderObligation.

Appears in 3 contracts

Samples: Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp)

Non-Payment of Obligations. Any Borrower shall default in the payment or prepayment when due of any principal of any Loan, any Borrower shall default in the payment when due of any Reimbursement Obligation, or any Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daystwo days) in the payment when due of any interestinterest on any Loan, of any fee or of any other obligation hereunderObligation.

Appears in 2 contracts

Samples: Credit Agreement (Simpson Industries Inc), Credit Agreement (Simpson Industries Inc)

Non-Payment of Obligations. (a) The Borrower shall default in the payment when due of interest with respect to the Term Loans or other monetary Obligations, and such default continues for a period of 30 days, or (b) the Borrower shall default in the payment or prepayment when due of any principal of or premium, if any, on any LoanTerm Loan when the same becomes due and payable at maturity, upon acceleration (including in connection with a Change of Control Prepayment Event) or Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderotherwise.

Appears in 2 contracts

Samples: Term Loan Agreement (WHX Corp), Term Loan Agreement (Wheeling Pittsburgh Corp /De/)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of (i) any principal of any LoanLoan or (ii) any interest on any Loan or any fee described in Article III or any other monetary Obligation, or Borrower shall default and in the case of clause (and ii) such default shall continue unremedied for a period of five (5) two Business Days) in the payment when due of any interest, fee or of any other obligation hereunderDays after such amount was due.

Appears in 2 contracts

Samples: Credit Agreement (Bacterin International Holdings, Inc.), Credit Agreement (Xtant Medical Holdings, Inc.)

Non-Payment of Obligations. The Borrower shall default in -------------------------- the payment or prepayment when due of any principal of or interest on any LoanLoan or any reimbursement obligation when due, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, commitment fee or other fee or of any other obligation hereunderObligation.

Appears in 2 contracts

Samples: Credit Agreement (Novamed Eyecare Inc), Credit Agreement (Novamed Eyecare Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 2 contracts

Samples: Credit Agreement (Calpine Corp), Credit Agreement (Corzon Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of (i) any principal of any Loan, or Borrower shall default (ii) any interest or fee described in Article III or any other monetary Obligation, and in the case of clause (ii) such default shall continue unremedied for a period of five (5) two Business Days) in the payment when due of any interest, fee or of any other obligation hereunderDays after such amount was due.

Appears in 2 contracts

Samples: Credit Agreement (Health Catalyst, Inc.), Credit Agreement (Health Catalyst, Inc.)

Non-Payment of Obligations. Any Borrower shall default in the payment or prepayment when due of any principal of any Loan, or any Borrower shall default (and such default shall continue unremedied for a period of five (5) 3 Business Days) in the payment when due of any interestinterest on any Loan, or any Borrower shall default (and such default shall continue unremedied for a period of 5 Business Days) in the payment when due of any commitment fee or of any other obligation hereunderObligation.

Appears in 2 contracts

Samples: Credit Agreement (Bergen Brunswig Corp), Credit Agreement (Bergen Brunswig Corp)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan, or the Borrower or any Obligor shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, facility fee or of any other obligation hereunderObligation.

Appears in 2 contracts

Samples: Guaranty Agreement, Credit Agreement (Price/Costco Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any or interest on the Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) three Business Days) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 2 contracts

Samples: Credit Agreement (Lady Luck Gaming Corp), Credit Agreement (Isle of Capri Casinos Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five three (53) Business Daysdays) in the payment when due of any interest, interest or fee or of any other obligation hereunderObligation.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Lithium Americas Corp.), Credit and Guarantee Agreement (Kaiser Francis Oil Co)

Non-Payment of Obligations. Any Borrower shall default in the payment or prepayment when due of any principal of any Loan, ; any Borrower shall default in the payment when due of any Reimbursement Obligation or Hedging Obligation under a Hedging Agreement in effect between a Borrower and a Lender or an Affiliate of a Lender; or any Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, interest on any Loan or any fee or of any other obligation hereunderObligation.

Appears in 2 contracts

Samples: Credit Agreement (Alliance Resources PLC), Credit Agreement (American Rivers Oil Co /De/)

Non-Payment of Obligations. (i) The Borrower shall default in the payment or prepayment when due of any principal or interest on the Loans, or (ii) any Credit Party or any Subsidiary thereof, shall default in the payment or prepayment of any Loanfee described in Article III or any other monetary Obligation, or Borrower shall default and in the case of clause (and ii) such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderDays after such amount was due.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Adma Biologics, Inc.), Credit Agreement and Guaranty (Adma Biologics, Inc.)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 2 contracts

Samples: Credit Agreement (Cornerstone Propane Partners Lp), Refunding Credit Agreement (Cornerstone Propane Partners Lp)

Non-Payment of Obligations. Any Borrower shall default in the payment or prepayment when due of (a) any principal of or interest on any Loan, (b) any Reimbursement Obligation, or Borrower shall default (and such default shall continue unremedied for a period of five (5c) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderObligation, and in each case such default in payment or prepayment shall continue unremedied for more than three Business Days from the date such payment or prepayment was due.

Appears in 2 contracts

Samples: Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)

Non-Payment of Obligations. (a) Any Borrower shall default in the payment or prepayment when due of any principal of any Loan, or (b) any Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interestinterest on any Loan, (c) any Borrower shall default in the payment when due of any Reimbursement Obligation, or (d) any Borrower shall default (and such default shall continue unremedied for a period of five days) in the payment when due of any fee or the payment of any other obligation hereunderObligation.

Appears in 2 contracts

Samples: Credit Agreement (Triarc Companies Inc), Credit Agreement (Triarc Companies Inc)

Non-Payment of Obligations. (a) The Borrower shall default in the payment or prepayment when due of any principal of any Loan, Loan or (b) the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of interest on any interest, fee Loan or of any other obligation hereunderObligation or (c) any Guarantor shall fail to make payment on a Guarantee in accordance with the terms of such Guarantee.

Appears in 2 contracts

Samples: Credit Agreement (Edison Mission Energy), Credit Agreement (Edison Mission Energy)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of (i) any principal of any or interest on the Loan, or Borrower shall default (ii) any fee described in Article III or any other monetary Obligation, and in the case of clause (ii) such default shall continue unremedied for a period of five three (53) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderDays after such amount was due.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Alliqua BioMedical, Inc.), Credit Agreement and Guaranty (Alliqua BioMedical, Inc.)

Non-Payment of Obligations. The Borrower shall default -------------------------- in the payment or prepayment when due of any principal of or interest on any LoanLoan (and, in the case of a payment or prepayment of interest, such default shall continue unremedied for a period of three Business Days), or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Buy Com Inc)

Non-Payment of Obligations. Either Borrower shall default in the payment or prepayment when due of any principal in respect of any Loan, its Loans; or either Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interest, fee fees or other of any other obligation hereunderits Obligations payable under the Loan Documents and such default shall continue unremedied for five consecutive days.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Dura Automotive Systems Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any the Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Subordinated Credit Agreement (Zimmerman Sign Co)

Non-Payment of Obligations. The Borrower or any of its Restricted Subsidiaries shall default in the payment or prepayment when due of any principal of any LoanLoan including any payments owed pursuant to Section 3.1(c), or Borrower shall default (and such default shall continue unremedied for a period of five three (53) Business Days) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Escalera Resources Co.)

Non-Payment of Obligations. The Borrower shall default in the -------------------------- payment or prepayment when due of any principal of any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee interest on any Loan or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Security Agreement (Aristotle Corp)

Non-Payment of Obligations. Any Borrower shall default in the payment or prepayment when due of any principal of any Loan, ; or any Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, interest on any Loan or any fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Alliance Resources PLC)

Non-Payment of Obligations. Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan, or Borrower shall default (and such default shall continue unremedied for a period of five ten (510) Business Daysdays) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Energy Search Inc)

Non-Payment of Obligations. Either Borrower shall default in the payment or prepayment when due of (i) any principal of or interest on any Loan, (ii) any Reimbursement Obligation, or Borrower shall default (and such default shall continue unremedied for a period of five (5iii) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderObligation, and in each case such default in payment or prepayment shall continue unremedied for more than three Business Days from the date such payment or prepayment was due.

Appears in 1 contract

Samples: Credit Agreement (Warnaco Group Inc /De/)

Non-Payment of Obligations. Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan, ; or Borrower or any other Obligor shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Callon Petroleum Co)

Non-Payment of Obligations. The Borrower shall default -------------------------- in the payment or prepayment when due of any principal of or interest on any Loan, Loan or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interestFacility Fee, fee Utilization Fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Edison Mission Energy)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of interest on any interestLoan, any fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Bridge Credit Agreement (Calpine Corp)

Non-Payment of Obligations. Any Borrower shall default in the payment or prepayment when due of (a) any principal of or interest on any Loan, (b) any Reimbursement Obligation, or Borrower shall default (and such default shall continue unremedied for a period of five (5c) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderObligation, or prepayment and in each case such default in payment or prepayment shall continue unremedied for more than three Business Days from the date such payment or prepayment was due.

Appears in 1 contract

Samples: Credit Agreement (Warnaco Group Inc /De/)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment of interest when due on any Loan, or in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Northern Border Partners Lp)

Non-Payment of Obligations. Any Borrower shall default in the payment or prepayment when due of any principal of any Loan, or such Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interestinterest on any Loan, any commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Cencom Cable Income Partners Ii L P)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal amount of or interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Loan Agreement (Coeur D Alene Mines Corp)

Non-Payment of Obligations. (a) Any Borrower shall default in the payment or prepayment when due of any principal or interest on any Loan or of any Loan, reimbursement obligations under Section 2.7.1; or (b) any Borrower or any Obligor shall default (and such default shall continue unremedied in the payment, for a period of more than five (5) Business Days) in the days after such payment when due becomes due, of any interest, commitment fee or of any other obligation hereunderObligation under Section 3.1 or 3.3; or (c) any Borrower or any Obligor shall default in the payment, for more than ten (10) days after such payment becomes due, of any other Obligation.

Appears in 1 contract

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

Non-Payment of Obligations. The Borrower shall default in -------------------------- the payment or prepayment when due of any principal of any Loan, Loan or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of interest on any interestLoan, fee of any Facility Fee, of any Utilization Fee or of any other obligation hereundermonetary Obligation.

Appears in 1 contract

Samples: Credit Agreement (Edison Mission Energy)

Non-Payment of Obligations. Borrower The Borrowers shall default in the payment or prepayment when due of any principal of or interest on any Loan, or Borrower the Borrowers or any other Loan Party shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (U.S. Shipping Partners L.P.)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of (i) any principal of or interest on any Loan, (ii) any Reimbursement Obligation, or Borrower shall default (and such default shall continue unremedied for a period of five (5iii) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderObligation, and in each case such default in payment or prepayment shall continue unremedied for more than three Business Days from the date such payment or prepayment was due.

Appears in 1 contract

Samples: Credit Agreement (Warnaco Group Inc /De/)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due or within two Business Days thereafter of any monetary Obligation hereunder or under any other Loan Document (including, without limitation, any principal of of, or interest on, any Loan, any fees or Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderamounts payable hereunder or thereunder).

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Foods Inc)

Non-Payment of Obligations. The Borrower shall will default in the payment or prepayment when due of (a) any principal of or interest on any Loan, (b) any Reimbursement Obligation, or Borrower shall default (and such default shall continue unremedied for a period of five (5c) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderObligation, and in each case such default in payment or prepayment will continue unremedied for more than three Business Days from the date such payment or prepayment was due.

Appears in 1 contract

Samples: Credit Agreement (Authentic Fitness Corp)

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Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation. SECTION VIII.1.2.

Appears in 1 contract

Samples: Credit Agreement (Vista Gold Corp)

Non-Payment of Obligations. Borrower shall default in (i) the payment or prepayment when due of any principal of any Revolving Loan or (ii) the payment of any other amount in respect of any Revolving Loan, Letter of Credit or any other obligation of Borrower shall default (hereunder, and such default failure to pay such amount shall continue unremedied for a period of five (5) Business Days) in the payment when due of Days after any interest, fee such amount or of any other obligation hereunderbecomes due in accordance with the terms hereof.

Appears in 1 contract

Samples: Revolving Credit Agreement (Midwest Generation LLC)

Non-Payment of Obligations. Borrower shall default in the payment or prepayment when due of any principal of any Loan, or The Borrower shall default (and such default shall continue unremedied for a period of five three (53) Business Daysdays) in the payment or prepayment when due of any principal of any Loan including any Required Deficiency Payment, or in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee Commitment Fee or of any other obligation hereunder.Obligation. 66

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due (i) of any principal of or interest (and such default with respect to interest shall continue unremedied for a period of two (2) days) on any Loan, or (ii) the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Winokur Herbert S Jr)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) three Business Days) in the payment when due of any interestinterest on any Loan, fee any Commitment Fee or of any other obligation payment Obligation owing hereunder.

Appears in 1 contract

Samples: Credit Facility Agreement (Horseshoe Gaming LLC)

Non-Payment of Obligations. The Borrower shall default -------------------------- in the payment or mandatory prepayment when due of any principal of or interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Oregon Steel Mills Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of three Business Days) in the payment when due of any interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) any fee described in the payment when due of any interest, fee Section 2.10 or of any other obligation hereunderObligation, including, without limitation, any of the fees described in the Fee Letter.

Appears in 1 contract

Samples: Term Loan Agreement (McCormick & Co Inc)

Non-Payment of Obligations. The Borrower shall default in -------------------------- the payment or prepayment when due of any principal of any Loan, or the Borrower shall default (and such default shall continue for a period of three days) in the payment when due of any interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Ameritel Pay Phones Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interestinterest on any Loan, any commitment fee, facility fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Kemper High Income Trust)

Non-Payment of Obligations. Borrower Any Obligor shall default in the payment or prepayment when due of any principal of or interest on any LoanLoan or under any Loan Document, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Secured Term Loan Agreement (Plains Resources Inc)

Non-Payment of Obligations. The Borrower shall default -------------------------- in the payment or prepayment when due of any principal of or interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee Commitment Fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Non-Payment of Obligations. The Borrower or any other Obligor shall (a) default in the payment or prepayment when due of any principal of any Loan, Reimbursement Obligation or Borrower shall (b) default (and such default shall continue unremedied for a period of five (5) three Business Days) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Budget Group Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any LoanReimbursement Obligation, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of interest on any interestsuch Reimbursement Obligation, any fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of interest on any interest, Loan or any commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Tele Communications International Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of (i) any principal of any or interest on the Loan, or Borrower shall default (ii) any fee described in Article III or any other monetary Obligation, and in the case of clause (ii) such default shall continue unremedied for a period of five (5) two Business Days) in the payment when due of any interest, fee or of any other obligation hereunderDays after such amount was due.

Appears in 1 contract

Samples: Credit Agreement (Recro Pharma, Inc.)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of (i) any principal of any Loan, or Borrower shall default (ii) any interest on any Loan or any fee described in Article III or any other monetary Obligation, and in the case of clause (ii) such default shall continue unremedied for a period of five three (53) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderDays after such amount was due.

Appears in 1 contract

Samples: Credit Agreement (Harmony Biosciences Holdings, Inc.)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Microsemi Corp)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays after receipt by the Borrower of written notice thereof) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Ing Us Capital LLC)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of (i) any principal of any Loan, or Borrower shall default (ii) any interest on any Loan or any fee described in Article III or any other monetary Obligation, and in the case of clause (ii) such default shall continue unremedied for a period of five (5) two Business Days) in the payment when due of any interest, fee or of any other obligation hereunderDays after such amount was due.

Appears in 1 contract

Samples: Credit Agreement (GC Aesthetics PLC)

Non-Payment of Obligations. Borrower The Borrowers shall default in the payment or mandatory prepayment when due of any principal of or interest on any Loan, or Borrower the Borrowers shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays after notice from the Agent) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Penford Corp)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan or Competitive Bid Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Noble Affiliates Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of (i) any principal of or interest on any Loan, or Borrower shall default (ii) any fee described in Article III or any other monetary Obligation, and in the case of clause (ii) such default shall continue unremedied for a period of five two (52) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderDays after such amount was due.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Paulson Capital (Delaware) Corp.)

Non-Payment of Obligations. Borrower The Borrowers shall default in the payment or prepayment when due of any principal of or interest on any LoanAdvance, any fee or Borrower shall other amount payable under any Loan Document, provided that, in the case of any default in the payment of any interest on any Advance or any fee or other amount (and other than, for the avoidance of doubt, principal on any Advance) payable under any Loan Document, such default shall continue unremedied for a period of five at least ten (510) Business Days) in the Days after such payment when shall have become due of any interest, fee or of any other obligation hereunderand payable.

Appears in 1 contract

Samples: Lender Assignment Agreement (Carnival PLC)

Non-Payment of Obligations. The Borrower -------------------------- shall default in the payment or prepayment when due of any principal of or interest on any Loan, the Borrower shall default in the payment when due of any Reimbursement Obligation under any Letter of Credit (unless such Reimbursement Obligation is converted to Loans pursuant to Section 2.8.2), or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Manor Investment Co Inc)

Non-Payment of Obligations. Either Borrower shall default in the payment or prepayment when due of (i) any principal of any Second-Lien Loan, or Borrower shall default (and ii) any interest on any Second-Lien Loan or any other monetary Obligation, and, in the case of clause (ii), such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interest, fee or of any other obligation hereunderDays after such amount was due.

Appears in 1 contract

Samples: Credit Agreement (WRC Media Inc)

Non-Payment of Obligations. Borrower shall default in the payment or prepayment when due of any principal of or interest on any LoanLoan (and such default shall continue for five days from such due date), or Borrower shall default in the payment when due of any other Obligation (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interest, fee or of any other obligation hereunder20 days after notice thereof shall have been given to Borrower by Lender).

Appears in 1 contract

Samples: Loan Agreement (Nastech Pharmaceutical Co Inc)

Non-Payment of Obligations. Borrower shall default in the payment or prepayment when due of any principal of of, or interest on, any Loan, ; or Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Abraxas Petroleum Corp)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Days) in the payment when due of any interest, fee or of any other obligation hereunder.Obligation. SECTION 9.1.2

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Propane Partners Lp)

Non-Payment of Obligations. Any Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan, or any Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (Bairnco Corp /De/)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of or interest on any Loan, the Borrower shall default in the payment when due of any Reimbursement Obligation, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Patent Security Agreement (Dayton Superior Corp)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment when due of any principal of or interest on any LoanLoan or L/C Obligation, or Borrower shall default (in the payment when due of any commitment fee or of any other Obligation and such default shall continue unremedied for a period of five (5) two Business Days) in the payment when due of any interest, fee or of any other obligation hereunder.

Appears in 1 contract

Samples: Credit Agreement (Thorn Apple Valley Inc)

Non-Payment of Obligations. The Borrower shall default in the payment or prepayment of any amount when due of hereunder, including without limitation any principal of or interest on an Advance or any Loanfee payable hereunder, and with respect to interest on a Liquidity Advance or Borrower shall default (and any fee hereunder, such default shall continue unremedied for a period of five (5) two Business Days) in the payment when due of any interest, fee or of any other obligation hereunder.

Appears in 1 contract

Samples: Agreement (Burlington Industries Inc /De/)

Non-Payment of Obligations. The Borrower shall default in -------------------------- the payment or prepayment when due of any principal of any Loan or any Reimbursement Obligation, or the Borrower shall default (and such default shall continue for a period of three days) in the payment when due of any interest on any Loan, or the Borrower shall default (and such default shall continue unremedied for a period of five (5) Business Daysdays) in the payment when due of any interest, commitment fee or of any other obligation hereunderObligation.

Appears in 1 contract

Samples: Credit Agreement (One Source Telecommunications Inc)

Non-Payment of Obligations. Borrower shall default in (i) the payment or prepayment when due of any principal of any Loan, Revolving Loan or (ii) the payment of interest on any Revolving Loan or any other obligation of Borrower shall default (and such default shall continue unremedied for a period of hereunder within five (5) Business Days) in the payment when due of Days after any interest, fee such interest or of any other obligation hereunderbecomes due in accordance with the terms hereof.

Appears in 1 contract

Samples: Subordinated Revolving Loan Agreement (Eme Homer City Generation Lp)

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