Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 52 contracts
Samples: Security Agreement (Valuevision Media Inc), Security Agreement (Flotek Industries Inc/Cn/), Security Agreement (Valuevision Media Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent Borrower referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 30 contracts
Samples: Security Agreement (P&f Industries Inc), Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Hudson Technologies Inc /Ny)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 30 contracts
Samples: Security Agreement (PHI Group, Inc./De), Credit and Security Agreement (Finish Line Inc /In/), Loan and Security Agreement (PHI Group, Inc./De)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent a Borrower referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 22 contracts
Samples: Revolving Credit (Teamstaff Inc), Security Agreement (Bentley Systems Inc), Revolving Credit and Security Agreement (E Com Ventures Inc)
Notice of Default. No Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent it has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that an Agent receives such a notice, Agent it shall promptly give notice thereof to the other Agent and Lenders. Each Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until such Agent shall have received such directions, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 19 contracts
Samples: Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 17 contracts
Samples: Credit Agreement (National Education Corp), Credit Agreement (Adams Outdoor Advertising LTD Partnership), Acquisition Loan Agreement (Infocrossing Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender Bank or Borrowing Agent the Company referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to Lendersthe Banks. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersBanks; provided, provided that, unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lendersthe Banks.
Appears in 15 contracts
Samples: Term Loan Credit Agreement (Humana Inc), 364 Day Revolving Credit Agreement (Humana Inc), Credit Agreement (Humana Inc)
Notice of Default. No Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless such Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that any Agent receives such a notice, such Agent shall give notice thereof to the Lenders. Each Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until such Agent shall have received such directions, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 14 contracts
Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (L 3 Communications Corp), Credit Agreement (L 3 Communications Corp)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender Bank or Borrowing Agent the Company referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to Lendersthe Banks. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersBanks; provided, provided that, unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lendersthe Banks.
Appears in 12 contracts
Samples: 364 Day Credit Agreement (Humana Inc), Credit Agreement (Humana Inc), Credit Agreement (Hca the Healthcare Co)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent Borrower referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 11 contracts
Samples: Security Agreement (Horsehead Holding Corp), Security Agreement (Danskin Inc), Security Agreement (Candies Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender Lender, the Authorized Representative or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, provided that, unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 11 contracts
Samples: Credit Agreement (Headway Corporate Resources Inc), Credit Agreement (Sheridan Healthcare Inc), Credit Agreement (Delta Beverage Group Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent a Borrower referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; providedPROVIDED, thatTHAT, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 7 contracts
Samples: Security Agreement (Semx Corp), Loan and Security Agreement (Lets Talk Cellular & Wireless Inc), Credit and Security Agreement (Frontstep Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received written notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, provided that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 7 contracts
Samples: Assignment Agreement (Quantum Corp /De/), Security Agreement (Quantum Corp /De/), Credit and Security Agreement (Quantum Corp /De/)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent a Borrower referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 7 contracts
Samples: Credit and Security Agreement (Akrion, Inc.), Credit and Security Agreement (Akrion, Inc.), Security Agreement (Bio Reference Laboratories Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received written notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to LendersLenders and Borrowers. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 7 contracts
Samples: Credit and Security Agreement (Emerge Energy Services LP), Revolving Credit and Security Agreement (Emerge Energy Services LP), Credit and Security Agreement (Emerge Energy Services LP)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, PROVIDED that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 7 contracts
Samples: Credit Agreement (Paxson Communications Corp), Term Loan Agreement (Sandler Capital Management), Credit Agreement (Big City Radio Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. .” In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 7 contracts
Samples: Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender Lender, Holdings or Borrowing Agent a Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that the Agent receives such a notice, the Agent shall give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 5 contracts
Samples: Joinder Agreement (Sears Holdings Corp), Term Loan Credit Agreement (Sears Holdings Corp), Joinder Agreement (Sears Holdings Corp)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Event of Default or Potential Event of Default hereunder or under the Other Documents, unless Agent has received written notice from a Lender or Borrowing Agent any Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Event of Default or Potential Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall promptly give notice thereof to Lenders. The Agent shall take such action with respect to such Event of Default or Potential Event of Default as shall be reasonably directed by the Required Requisite Lenders; provided, that, provided that unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Event of Default or Potential Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 5 contracts
Samples: Warehousing Credit Agreement (PLM Equipment Growth Fund V), Warehousing Credit Agreement (PLM Equipment Growth & Income Fund Vii), Warehousing Credit Agreement (PLM Equipment Growth Fund Vi)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Transaction Documents, unless Agent has received notice from a Lender or Borrowing Agent a Credit Party referring to this Agreement or the Other Transaction Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenderseach Lender. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 5 contracts
Samples: Securities Purchase Agreement and Security Agreement (Fusion Telecommunications International Inc), Securities Purchase Agreement and Security Agreement (Fusion Telecommunications International Inc), Securities Purchase Agreement and Security Agreement (Fusion Telecommunications International Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 5 contracts
Samples: Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP), Security Agreement (Allegheny Technologies Inc), Credit and Security Agreement (Great Lakes Dredge & Dock CORP)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Event of Default or Potential Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Event of Default or Potential Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall promptly give notice thereof to Lenders. The Agent shall take such action with respect to such Event of Default or Potential Event of Default as shall be reasonably directed by the Required Requisite Lenders; provided, that, provided that unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Event of Default or Potential Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 4 contracts
Samples: Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (American Finance Group Inc /De/), Warehousing Credit Agreement (PLM International Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent a Loan Party referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. .” In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 4 contracts
Samples: Joinder Agreement (Boot Barn Holdings, Inc.), Joinder Agreement (Boot Barn Holdings, Inc.), Credit Agreement (Boot Barn Holdings, Inc.)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other other Loan Documents, unless Agent has received notice from a Lender or Borrowing Agent Borrower referring to this Agreement or the Other other Loan Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 4 contracts
Samples: Loan and Security Agreement (Genesis Group Holdings Inc), Loan and Security Agreement (Genesis Group Holdings Inc), Loan and Security Agreement (Sebring Software, Inc.)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent a Loan Party referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 4 contracts
Samples: Security Agreement (Allegheny Technologies Inc), Loan and Security Agreement (Stanadyne Automotive Corp), Loan and Security Agreement (Bucyrus International Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has they have received notice from a Lender Bank or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall give notice thereof to Lendersthe Banks. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersBanks; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lendersthe Banks.
Appears in 4 contracts
Samples: Credit Agreement (Philadelphia Suburban Corp), Credit Agreement (Aqua America Inc), Credit Agreement (Philadelphia Suburban Corp)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent it has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, Agent it shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (WLR Foods Inc), Credit Agreement (Rural Metro of Ohio Inc), Credit Agreement (Corestaff Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence existence of any Default or Event of Default hereunder (other than Agent's actual notice or knowledge of an Event of Default under the Other Documents, Section 8 hereof) unless Agent has received notice from a Lender or Borrowing Agent Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a noticenotice of default, Agent shall give notice thereof to LendersLender. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersLender; provided, that, provided that unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of LendersLender.
Appears in 4 contracts
Samples: Master Loan and Security Agreement (American Strategic Income Portfolio Inc), Master Loan and Security Agreement (American Strategic Income Portfolio Inc Ii), Master Loan and Security Agreement (American Select Portfolio Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. Subject to the provisions of Section 10.5, the Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it the Agent shall deem advisable and in the best interests of the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Event of Default or Potential Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent any Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Event of Default or Potential Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall promptly give notice thereof to Lenders. The Agent shall take such action with respect to such Event of Default or Potential Event of Default as shall be reasonably directed by the Required Requisite Lenders; provided, that, provided that unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Event of Default or Potential Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 4 contracts
Samples: Warehousing Credit Agreement (Professional Lease Management Income Fund I LLC), Warehousing Credit Agreement (PLM Equipment Growth Fund Iii), Warehousing Credit Agreement (PLM Equipment Growth Fund V)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or (other than under Section 8.01 hereof) unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent any Borrower referring to this Agreement or the Other DocumentsLoan Agreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that the Agent receives such a notice, the Agent shall give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 3 contracts
Samples: Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other other Loan Documents, unless Agent has received notice from a Lender or Borrowing Agent Borrower referring to this Agreement or the Other other Loan Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 3 contracts
Samples: Loan and Security Agreement (Nations Flooring Inc), Loan and Security Agreement (Nations Flooring Inc), Loan and Security Agreement (Executone Information Systems Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has shall have received written notice thereof from a Lender or Borrowing Agent the Company referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice "Notice of default”. Default." In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such actionaction or give such directions, or refrain from taking such actionaction or giving such directions, with respect to such Default or Event of Default as it shall deem advisable to be in the best interests of the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent Borrower Representative referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 3 contracts
Samples: Credit and Security Agreement (Manhattan Bridge Capital, Inc), Credit and Security Agreement (Manhattan Bridge Capital, Inc), Credit and Security Agreement (Sachem Capital Corp.)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent a Borrower referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, that unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 3 contracts
Samples: Security Agreement (Richton International Corp), Security Agreement (Richton International Corp), And Security Agreement (Delta Mills Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersMajority Lenders or all Lenders as appropriate; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders or as the Agent shall believe necessary to protect the Lenders' interests in the Collateral or the Guarantor Collateral.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Quiksilver Inc), Credit Agreement (Point 360), Credit Agreement (Point 360)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 3 contracts
Samples: Security Agreement (General Finance CORP), Castle a M & Co, Credit and Security Agreement (Compudyne Corp)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”. ." In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, provided that, unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 3 contracts
Samples: Loan Agreement (MKS Instruments Inc), Loan Agreement (MKS Instruments Inc), Loan Agreement (MKS Instruments Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Transaction Documents, unless the Agent has received notice from a Lender an Investor or Borrowing Agent the Company referring to this Agreement or the Other Transaction Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that the Agent receives such a notice, the Agent shall give notice thereof to Lendersthe Investors. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersInvestors; provided, provided that, unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of LendersInvestors.
Appears in 3 contracts
Samples: Note Purchase Agreement (Implant Sciences Corp), Note Purchase Agreement (Pedevco Corp), Note Purchase Agreement (Pedevco Corp)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, provided that, unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 3 contracts
Samples: Loan Agreement (MKS Instruments Inc), Credit Agreement (MKS Instruments Inc), Credit Agreement (MKS Instruments Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of defaultNOTICE OF DEFAULT”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 3 contracts
Samples: Security Agreement (Geokinetics Inc), Security Agreement (Geokinetics Inc), Security Agreement (Geokinetics Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has actually received notice from a Lender Bank or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”. In the event that the Agent receives such a notice, the Agent shall give prompt notice thereof to Lendersthe Banks. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersBanks; provided, that, unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lendersthe Banks.
Appears in 3 contracts
Samples: Credit Agreement (Therma Wave Inc), Credit Agreement (McMS Inc), Credit Agreement (Therma Wave Inc)
Notice of Default. No Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless such Agent has received notice from a Lender Lender, or Borrowing Agent any Borrower or any other Loan Party referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that the Administrative Agent receives such a notice, the Administrative Agent shall give notice thereof to the Lenders. Agent The Agents shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until an Agent shall have received such directions, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP), Security Agreement
Notice of Default. The Agent shall not be deemed to have ----------------- knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has actually received notice from a Lender Bank, Holdings or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”. ." In the event that the Agent receives such a notice, the Agent shall give prompt notice thereof to Lendersthe Banks. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersBanks; provided, that, unless and until the Agent shall have received such -------- directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lendersthe Banks.
Appears in 3 contracts
Samples: Credit Agreement (Wesley Jessen Holding Inc), Credit Agreement (Cambridge Industries Inc /De), Credit Agreement (Wesley Jessen Visioncare Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 3 contracts
Samples: Loan and Security Agreement (Standard Commercial Corp), Credit Agreement (Gencor Industries Inc), Credit Agreement (Gencor Industries Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by either Lender; provided that prior to the Required Lenders; providedreceipt of such direction, that, unless and until Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, action with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Loan and Security Agreement (Emergent Group Inc), Loan and Security Agreement (Emergent Group Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent Borrower referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, however, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vision-Ease Lens CORP), Loan and Security Agreement (Vision-Ease Lens, Inc.)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Loan Documents, unless the Agent has received notice from a Lender Lender, the Issuer or Borrowing Agent a Loan Party referring to this Agreement or the Other Loan Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”Default. In the event that the Agent receives such a notice, the Agent shall give notice thereof to Lendersthe Lenders and the Issuer. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lendersthe Lenders and the Issuer.
Appears in 2 contracts
Samples: Credit and Security Agreement (Ramaco Resources, Inc.), Credit and Security Agreement (Ramaco Resources, Inc.)
Notice of Default. No Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has it shall have received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. .” In the event that any Agent receives such a notice, such Agent shall promptly give notice thereof to Lendersthe Lenders and the other Agent. Each applicable Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Majority Lenders; provided, provided that, unless and until such Agent shall have received such directions, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Retrophin, Inc.), Credit Agreement (Retrophin, Inc.)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless the Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that the Agent receives such a notice, the Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the US-Canada Required Lenders; provided, that, unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 2 contracts
Samples: Credit and Security Agreement (Invacare Corp), Credit and Security Agreement (Invacare Corp)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent it has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”. ." In the event that the Agent receives such a notice, Agent it shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Markel Corp), Credit Agreement (Markel Corp)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other other Loan Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other other Loan Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to LendersSecured Parties. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have has received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of LendersSecured Parties.
Appears in 2 contracts
Samples: Security Agreement (Virco MFG Corporation), Revolving Credit and Security Agreement (Virco MFG Corporation)
Notice of Default. Agent shall not be deemed to have knowledge or ----------------- notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent any Borrower referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, -------- ---- Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Styrochem International LTD), Credit and Security Agreement (Styrochem International Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, a Borrower describing such Default or Event of Default and stating that such notice is a “notice of default”Default. In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directionsdirection, the Agent may in the interim (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable and in the best interests of the Lenders.
Appears in 2 contracts
Samples: Financing Agreement (Fibermark Inc), Financing Agreement (Fibermark Inc)
Notice of Default. No Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless such Agent has received notice from a Lender or Borrowing Agent the Company referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that an Agent receives such a notice, the Administrative Agent shall give notice thereof to Lendersthe Lenders and the other Agent. Agent The Agents shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until an Agent shall have received such directions, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Hercules Inc), Credit Agreement (Hercules Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. Subject to the provisions of Section 10.5, the Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, PROVIDED that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it the Agent shall deem advisable and in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or a Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 2 contracts
Samples: Subordination Agreement (Twist Beauty S.a r.l. & Partners S.C.A.), Revolving Credit, Term Loan and Security Agreement (Twist Beauty S.a r.l. & Partners S.C.A.)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent a Loan Party referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to the Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lendersapplicable Lenders required by this Agreement; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Loan and Security Agreement (Bucyrus International Inc), Loan and Security Agreement (Bucyrus International Inc)
Notice of Default. The Agent shall not be deemed to have ----------------- knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has actually received notice from a Lender Bank, Holdings or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”. ." In the event that the Agent receives such a notice, the Agent shall give prompt notice thereof to Lendersthe Banks. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersBanks; provided, that, unless and until the Agent shall have received such directions, -------- the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lendersthe Banks.
Appears in 2 contracts
Samples: Credit Agreement (Wesley Jessen Visioncare Inc), Credit Agreement (Dade International Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent Borrowers referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 2 contracts
Samples: Security Agreement (Hudson Technologies Inc /Ny), Revolving Creditandsecurity Agreement (TCP International Holdings Ltd.)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received written notice from a Lender or Borrowing Agent a Borrower referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 2 contracts
Samples: Security Agreement (Stream Global Services, Inc.), Security Agreement (Stream Global Services, Inc.)
Notice of Default. No Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless such Agent has received notice from a Lender Lender, or Borrowing Agent the Borrower or any other Loan Party referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that the Administrative Agent receives such a notice, the Administrative Agent shall give notice thereof to the Lenders. Agent The Agents shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until an Agent shall have received such directions, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent it has received notice from a Lender or Borrowing Agent the Borrowers referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, Agent it shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc)
Notice of Default. Agent shall not be deemed to have knowledge or ------------------ notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent a Borrower referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 2 contracts
Samples: Security Agreement (Delta Mills Inc), Security Agreement (Delta Woodside Industries Inc /Sc/)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Company referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersLenders or (if required) the Lenders ; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Remington Products Co LLC), Credit and Guarantee Agreement (Remington Products Co LLC)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under Default, except with respect to defaults in the Other Documentspayment of fees required to be paid to the Agent, unless the Agent has shall have received written notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In .” If the event that Agent receives such a notice, the Agent shall give notice thereof to Lenderswill promptly notify the Lenders of its receipt thereof. The Agent shall take such action with respect to such Default or Event of Default as shall may be reasonably directed requested by the Required Lenders; provided, that, provided that unless and until the Agent shall have has received any such directionsrequest, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable or in the best interests interest of the Lenders.
Appears in 2 contracts
Samples: Financing Agreement (Basil Street Cafe, Inc.), Financing Agreement (Basil Street Cafe, Inc.)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent a Obligor referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 2 contracts
Samples: Loan and Security Agreement (Philipp Brothers Chemicals Inc), Philipp Brothers Chemicals Inc
Notice of Default. The Agent shall not be deemed to have knowledge or ----------------- notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent it has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it they shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Creditrust Corp), Credit Agreement (Creditrust Corp)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has shall have received written notice from a Lender or Borrowing Agent Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives will notify each Lender of its receipt of any such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as may be requested by Required Lenders (or all or such other portion of Lenders as shall be reasonably directed prescribed by this Agreement) in accordance with the Required Lenders; provided, that, unless terms hereof. Unless and until Agent shall have has received any such directionsrequest, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable or in the best interests of Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Greenbacker Renewable Energy Co LLC), Revolving Credit Agreement (Mammoth Energy Services, Inc.)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Majority Lenders; provided, that, PROVIDED that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Zaring National Corp), Credit Agreement (Zaring National Corp)
Notice of Default. No Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless such Agent has actually received notice from a Lender or Borrowing Agent a Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”. ." In the event that any Agent receives such a notice, such Agent shall give prompt notice thereof to the Lenders. Agent The Agents shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent any Agent, shall have received such directions, Agent such Agent, may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Pacer International Inc), Credit Agreement (Quality Distribution Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder unless the Agent has actual knowledge of the same or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Lead Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that the Agent obtains such actual knowledge or receives such a notice, the Agent shall give prompt notice thereof to each of the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless . Unless and until the Agent shall have received such directionsdirection, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to any such Default or Event of Default as it shall deem advisable in the best interests interest of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (GameStop Corp.), Credit Agreement (GameStop Corp.)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders. 14.8.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.), Loan and Security Agreement (United States Steel Corp)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender Lender, an Authorized Representative or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersLenders or all Lenders as required in this Agreement; provided, provided that, unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Healthsouth Corp), Bridge Credit Agreement (Healthsouth Corp)
Notice of Default. No Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless such Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that the Administrative Agent receives such a notice, the Administrative Agent shall give notice thereof to the Lenders. Each Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until such Agent shall have received such directions, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Loan Documents, unless Agent has received notice from a Lender or Borrowing Agent Borrower referring to this Agreement or the Other Loan Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 2 contracts
Samples: Loan and Security Agreement (Microwave Power Devices Inc), Subordination Agreement (Obsidian Enterprises Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other DocumentsDefault, unless the Agent has shall have received written notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In The Agent will notify the event that Agent receives Lenders of its receipt of any such a notice. Subject to Section 8.4, Agent shall give notice thereof to Lenders. the Agent shall take such action with respect to such Default or Event of Default as shall may be reasonably directed requested by the Required LendersLenders in accordance with this Agreement in pursuing any rights or remedies under the Loan Documents or at law or in equity; provided, thathowever, that unless and until the Agent shall have has received any such directionsrequest, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lendersadvisable.
Appears in 2 contracts
Samples: Credit Agreement (BlueLinx Holdings Inc.), Credit Agreement (Canwest Media Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has actually received notice from a Lender Bank or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”. ." In the event that the Agent receives such a notice, the Agent shall give prompt notice thereof to Lendersthe Banks. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersBanks; provided, that, unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lendersthe Banks.
Appears in 2 contracts
Samples: Credit Agreement (Us Office Products Co), Credit Agreement (Labtec Inc /Ma)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent a Credit Party referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 2 contracts
Samples: Security Agreement (Us Home & Garden Inc), Security Agreement (Sunsource Inc)
Notice of Default. (a) The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless (i) the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”," or (ii) the Agent, in its capacity as a Lender, has actual knowledge of such Default or Event of Default. In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it the Agent shall deem advisable and in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Homestead Village Inc), Credit Agreement (Homestead Village Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder unless the Agent has actual knowledge of the same or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsLoan Agreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent obtains such actual knowledge or receives such a notice, the Agent shall give prompt notice thereof to each of the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Requisite Lenders; provided, that, unless . Unless and until the Agent shall have received such directionsdirection, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to any such Default or Event of Default as it shall deem advisable in the best interests interest of the Lenders.
Appears in 2 contracts
Samples: Acquisition Loan Agreement (Chartermac), Loan Agreement (Charter Municipal Mortgage Acceptance Co)
Notice of Default. No Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless such Agent has received notice from a Lender Lender, or Borrowing Agent a Loan Party referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that the Administrative Agent receives such a notice, the Administrative Agent shall promptly give notice thereof to the Lenders. Agent The Agents shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until an Agent shall have received such directions, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Assignment and Acceptance Agreement (SemGroup Corp), Credit Agreement (SemGroup Corp)
Notice of Default. No Lead Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless such Lead Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that any Lead Agent receives such a notice, such Lead Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, provided that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Reynolds American Inc), Credit Agreement (Reynolds American Inc)
Notice of Default. No Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless an Authorized Officer of such Agent has received written notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that any Agent receives such a notice, Agent it shall give notice thereof to the Lenders. Subject to Section 13.7, each Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Majority Lenders; provided, that, provided that unless and until such Agent shall have received such directions, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Collateral Agency Agreement (California Resources Corp), Passu Intercreditor Agreement (California Resources Corp)
Notice of Default. No Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless such Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Administrative Agent receives such a notice, the Administrative Agent shall give notice thereof to the Lenders. Each Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, PROVIDED that unless and until such Agent shall have received such directions, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Aquila Inc), Credit Agreement (Aquila Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Company referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”. ." In the event that the Agent receives such a notice, the Agent shall give prompt notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 2 contracts
Samples: Subordinated Credit Agreement (Bio Rad Laboratories Inc), Credit Agreement (Bio Rad Laboratories Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received written notice thereof from the Issuing Bank, a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”Borrower. In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to Lendersthe Issuing Bank, the Lenders and a Borrower. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; , provided, thathowever, that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable to be in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Gp Strategies Corp), Credit Agreement (Gp Strategies Corp)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”. ." In the event that the Agent receives such a notice, the Agent shall promptly give notice 104 thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, PROVIDED that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it the Agent shall deem advisable and in the best interests of the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Genmar Holdings Inc), Credit Agreement (Genmar Holdings Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent any Borrower referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 1 contract
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received written notice thereof from the Issuing Bank, a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”any Borrower. In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to Lendersthe Issuing Bank, the Lenders and any Borrower. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; , provided, thathowever, that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable to be in the best interests of the Lenders.
Appears in 1 contract
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has actually received notice from a Lender Lender, or Borrowing Agent a Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”. ." In the event that the Agent receives such a notice, the Agent shall give prompt notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required LendersBanks; provided, that, that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 1 contract
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a 101 “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 1 contract
Samples: Security Agreement (SMTC Corp)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent a Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that the Agent receives such a notice, the Agent shall promptly give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 1 contract
Samples: Credit Agreement (XINHUA SPORTS & ENTERTAINMENT LTD)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsLoan Agreement, describing such Default or Event of Default and stating that such notice is a “'notice of default”'. In the event that the Agent receives such a notice, the Agent shall give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Majority Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Alliance Laundry Holdings LLC)
Notice of Default. The Agent shall not be deemed to have ----------------- knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that the Agent receives such a notice, the Agent shall give notice thereof to the Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, provided that unless and until the Agent shall have received such directions, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Hooper Holmes Inc)
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other DocumentsAgreements, unless Agent has received notice from a Lender or Borrowing Agent Borrower referring to this Agreement or the Other DocumentsAgreements, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Transact Technologies Inc)
Notice of Default. The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under unless the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent the Borrower referring to this Agreement or the Other DocumentsAgreement, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In The Agent will notify the event that Agent receives Lenders as soon as is reasonably practicable of its receipt of any such a notice, Agent shall give notice thereof to Lenders. The Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Majority Lenders; provided, that, that unless and until the Agent shall have received such directionsdirection, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests interest of the Lenders.
Appears in 1 contract
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the 166 Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. .” In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 1 contract
Notice of Default. Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “notice of default”. In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.. 14.8
Appears in 1 contract
Samples: Credit and Security Agreement (Virco MFG Corporation)
Notice of Default. Agent shall not be deemed to have knowledge ----------------- or notice of the occurrence of any Default or Event of Default hereunder or under the Other Documents, unless Agent has received notice from a Lender or Borrowing Agent referring to this Agreement or the Other Documents, describing such Default or Event of Default and stating that such notice is a “"notice of default”". In the event that Agent receives such a notice, Agent shall give notice thereof to Lenders. Agent shall take such action with respect to such Default or Event of Default as shall be reasonably directed by the Required Lenders; provided, that, unless and until Agent shall have received such directions, Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interests of Lenders.
Appears in 1 contract
Samples: Air Methods Corp
