Common use of Remedies Clause in Contracts

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 142 contracts

Samples: Credit Agreement (Entercom Communications Corp), Pledge Agreement (Liberty Global PLC), Credit Agreement (Apria, Inc.)

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Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 38 contracts

Samples: Credit Agreement (Regency Energy Partners LP), Credit Agreement (CPI International, Inc.), Credit Agreement (Regency Energy Partners LP)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 33 contracts

Samples: Credit Agreement (Change Healthcare Inc.), Credit Agreement (Trinseo S.A.), Credit Agreement (OUTFRONT Media Inc.)

Remedies. The Subsidiary Guarantors jointly and severally agree that, as between the Subsidiary Guarantors and the Lenders, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 11 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0211) for purposes of Section 11.01, 13.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Subsidiary Guarantors for purposes of Section 11.0113.01.

Appears in 27 contracts

Samples: Loan and Security Agreement (Tandem Diabetes Care Inc), Loan Agreement (Avinger Inc), Term Loan Agreement (Silk Road Medical Inc)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 22 contracts

Samples: Credit Agreement (Norcraft Companies Lp), Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.01, 3.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.013.01.

Appears in 20 contracts

Samples: Second Amendment (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Best Buy Co Inc)

Remedies. The Subject to the terms of any applicable Intercreditor Agreement, the Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 19 contracts

Samples: Second Lien Credit Agreement (Allvue Systems Holdings, Inc.), Credit Agreement (Juno Topco, Inc.), Credit Agreement (Cvent Holding Corp.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 16 contracts

Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (USA Mobility, Inc)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.02(a) (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.02(a)) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 14 contracts

Samples: Fourth Amended (Nielsen Holdings N.V.), Credit Agreement (Nielsen Holdings B.V.), Credit Agreement (Nielsen Holdings PLC)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 13 contracts

Samples: Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Outfront Media Minnesota LLC)

Remedies. The Guarantors jointly and severally agree Guarantor agrees that, as between the Guarantors Guarantor and the Lenders, the obligations of the any Approved Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VII hereof (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VII) for purposes of Section 11.01, 9.01 hereof notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Approved Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the such Approved Borrower) shall forthwith become due and payable by the Guarantors Guarantor for purposes of such Section 11.019.01.

Appears in 12 contracts

Samples: Credit Agreement (Harsco Corp), Five Year Credit Agreement (Harsco Corp), 364 Day Credit Agreement (Harsco Corp)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 12 contracts

Samples: Credit Agreement, Credit Agreement (EPL Intermediate, Inc.), Credit Agreement (HC2 Holdings, Inc.)

Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the each Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 9 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.029) for purposes of Section 11.018.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 9 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the any Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.018.1.

Appears in 11 contracts

Samples: Credit Agreement (CLARIVATE PLC), Credit Agreement (CLARIVATE PLC), Credit Agreement (Clarivate Analytics PLC)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.1 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.1) for purposes of Section 11.0110.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.1.

Appears in 10 contracts

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

Remedies. The Subsidiary Guarantors jointly and severally agree that, as between the Subsidiary Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Subsidiary Guarantors for purposes of Section 11.017.01.

Appears in 9 contracts

Samples: Credit Agreement (Ivanhoe Energy Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc), Credit Agreement (Lifetime Brands, Inc)

Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article X (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article X) for purposes of Section 11.019.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Article X provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.019.01.

Appears in 9 contracts

Samples: Credit and Guarantee Agreement (ATI Intermediate Holdings, LLC), Credit and Guarantee Agreement (Janus International Group, Inc.), Restatement Agreement (Infrastructure & Energy Alternatives, Inc.)

Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 11 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0211) for purposes of Section 11.0110.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 11 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.1.

Appears in 8 contracts

Samples: Credit and Guaranty Agreement (Anvilire), Credit and Guaranty Agreement (Anvilire), Credit and Guaranty Agreement (Ancestry.com LLC)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0210) for purposes of Section 11.01, 13.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0113.1.

Appears in 8 contracts

Samples: Assignment and Assumption Agreement (American International Group Inc), Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (AerCap Holdings N.V.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Co-Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Co-Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Co-Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 8 contracts

Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)

Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.01, 3.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the any Borrower) shall forthwith become due and payable by the Guarantors such Guarantor for purposes of Section 11.013.01.

Appears in 8 contracts

Samples: Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article XI (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article XI) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 7 contracts

Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 7 contracts

Samples: Term Credit Agreement (Novelis Inc.), Security Agreement (Novelis Inc.), Short Term Credit Agreement (Novelis Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the either Borrower under this Agreement and Agreement, the Notespromissory notes, if any, and any other agreement or instrument referred to herein or therein may be declared to be forthwith due and payable as provided in Section 8.02 Article VII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VII) for purposes of Section 11.0110.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the applicable Guarantors for purposes of Section 11.0110.01.

Appears in 6 contracts

Samples: Credit Agreement (Telesat Holdings Inc.), Credit Agreement (Telesat Canada), Credit Agreement (Telesat Holdings Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and the Lenders, on the other hand, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article 10) for purposes of Section 11.01, 11.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 6 contracts

Samples: Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (C4 Therapeutics, Inc.), Credit Agreement and Guaranty (C4 Therapeutics, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 11 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0211) for purposes of Section 11.01, 13.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0113.01.

Appears in 6 contracts

Samples: Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.)

Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors such Guarantor and the Lenders, the obligations of the any Borrower under this the Credit Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VII of the Credit Agreement (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VII) for purposes of Section 11.01, 2.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the any Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.012.01.

Appears in 6 contracts

Samples: Guarantee and Security Agreement (KKR & Co. Inc.), Assignment and Assumption (KKR & Co. L.P.), Guarantee and Security Agreement (KKR & Co. Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the NotesTerm Notes issued hereunder, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 6 contracts

Samples: Tranche B Term Loan Credit Agreement (YRC Worldwide Inc.), Term Loan Credit Agreement (YRC Worldwide Inc.), Credit Agreement (Gym-Card, LLC)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the NotesNotes issued hereunder, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 6 contracts

Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Term Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 6 contracts

Samples: Term Loan Credit Agreement (Prestige Consumer Healthcare Inc.), Credit Agreement (DJO Finance LLC), Term Loan Credit Agreement (Prestige Brands Holdings, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the any Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 6 contracts

Samples: Credit Agreement (Layne Christensen Co), Credit Agreement (Layne Christensen Co), Security Agreement (Overseas Shipholding Group Inc)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 5 contracts

Samples: Credit Agreement (Bearingpoint Inc), Credit Agreement (Basic Energy Services Inc), Term Loan Credit Agreement (Lenox Group Inc)

Remedies. The Guarantors Each Guarantor hereby jointly and severally agree agrees that, as between the Guarantors each Guarantor and the Lenders, the obligations of the Borrower under this Agreement and the NotesAgreement, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 hereof (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.01this Guaranty, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors each Guarantor for purposes of Section 11.01this Guaranty.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations Obligations of the Borrower under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 5 contracts

Samples: Credit Agreement (Internap Corp), Credit Agreement (Internap Corp), Senior Secured Term Loan Credit Agreement (Internap Corp)

Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.

Appears in 5 contracts

Samples: Credit Agreement (Navios Maritime Partners L.P.), Credit Agreement (Navios Maritime Partners L.P.), Credit Agreement (Navios South American Logistics Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section ‎Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section ‎Section 8.02) for purposes of Section ‎Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section ‎Section 11.01.

Appears in 4 contracts

Samples: Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (Alight, Inc. /DE)

Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.018.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such relevant obligations shall become due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.

Appears in 4 contracts

Samples: Revolving Credit Agreement (JELD-WEN Holding, Inc.), Credit Agreement (JELD-WEN Holding, Inc.), Credit Agreement (JELD-WEN Holding, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.01, 6.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.016.01.

Appears in 4 contracts

Samples: Credit Agreement (Atrium Companies Inc), Credit Agreement (Atrium Companies Inc), Credit Agreement (Pricellular Corp)

Remedies. The Guarantors jointly and severally agree Guarantor agrees that, as between the Guarantors Guarantor and the Lenders, the obligations of the any Approved Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VII) for purposes of Section 11.01, 4.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Approved Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the such Approved Borrower) shall forthwith become due and payable by the Guarantors Guarantor for purposes of said Section 11.014.01.

Appears in 4 contracts

Samples: Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/), International Paper Co /New/

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this the Credit Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 the Credit Agreement (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02therein) for purposes of Section 11.01, 2.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.012.01.

Appears in 4 contracts

Samples: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.), Guarantee and Collateral Agreement (Thryv Holdings, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the either Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the either Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the either Borrower) shall forthwith become due and payable by the applicable Guarantors for purposes of Section 11.017.01.

Appears in 4 contracts

Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)

Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the LendersSecured Parties, the obligations of the Borrower any Obligor under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 therein (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02therein) for purposes of paragraph (a) of this Section 11.019.14, notwithstanding any bar, stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower such Obligor, and that, in the event of such declaration (or such obligations being deemed to have become becoming automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors such Guarantor for purposes of said paragraph (a) of this Section 11.019.14.

Appears in 4 contracts

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

Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the Lenders, the obligations of the each Borrower under this Agreement and the US Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 12.03 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0212.03) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the such Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the such Borrower) shall forthwith become due and payable by the Guarantors each Guarantor for purposes of Section 11.01.

Appears in 4 contracts

Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 10.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0210.02) for purposes of Section 11.0113.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0113.01.

Appears in 4 contracts

Samples: Credit Agreement (NPC Restaurant Holdings, LLC), Credit Agreement (NPC Restaurant Holdings, LLC), Credit Agreement (NPC Restaurant Holdings, LLC)

Remedies. The Guarantors jointly and severally (except to the extent otherwise limited in accordance with applicable Requirements of Law as described in Annex III attached hereto) agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 4 contracts

Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of this Section 11.017.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations Obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 4 contracts

Samples: Credit Agreement (Meredith Corp), Credit Agreement (Time Inc.), Credit Agreement (Time Inc.)

Remedies. The Subject to the terms of the Intercreditor Agreement, the Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 4 contracts

Samples: Credit Agreement (Thompson Creek Metals CO Inc.), Credit Agreement (Thompson Creek Metals CO Inc.), Second Lien Credit Agreement (Regency Energy Partners LP)

Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the Lenders, the obligations of the any Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 11.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0211.01) for purposes of Section 11.0115.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the any Borrower) shall forthwith become due and payable by the Guarantors such Guarantor for purposes of Section 11.0115.01.

Appears in 4 contracts

Samples: Abl Credit Agreement and Waiver (J.Jill, Inc.), Credit Agreement (Jill Intermediate LLC), Abl Credit Agreement (J.Jill, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower Borrowers under this the Credit Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VII of the Credit Agreement (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02clause (h) or (i) of said Article VII) for purposes of Section 11.01, the guarantee hereunder notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations obligations' being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01hereof.

Appears in 3 contracts

Samples: Subsidiary Guarantee Agreement (Drew Industries Inc), Subsidiary Guarantee Agreement (Drew Industries Incorporated), Credit Agreement (Drew Industries Incorporated)

Remedies. The Subject to the terms of the Intercreditor Agreement, the Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 3 contracts

Samples: Option Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc), Credit Agreement (LNT Leasing II, LLC)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower and PR Borrower under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.016.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower or PR Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower or PR Borrower, as applicable) shall forthwith become due and payable by the Guarantors for purposes of Section 11.016.01.

Appears in 3 contracts

Samples: Credit Agreement (Centennial Communications Corp /De), Security Agreement (Centennial Cellular Corp), Reaffirmation Agreement (Centennial Communications Corp /De)

Remedies. The Guarantors jointly and severally agree that, to the fullest extent permitted by Law, as between the Guarantors Guarantors, on the one hand, and Lender on the Lendersother hand, the obligations of the Borrower under this Agreement and the Notes, if any, Obligations may be declared to be forthwith due and payable as provided specified in Section 8.02 8.1 (and shall be deemed to have become automatically due and payable in the circumstances provided specified in Section 8.028.1) for purposes of Section 11.01, 9.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations preventing the Obligations from becoming automatically due and payable) as against the Borrower any other Person and that, in the event of such declaration (or such obligations the Obligations being deemed to have become automatically due and payable), such obligations the Obligations (whether or not due and payable by the Borrowerany other Person) shall forthwith become due and payable by the Guarantors for purposes of Section 11.019.1. The Guarantors acknowledge and agree that their obligations hereunder are secured in accordance with the terms of the Collateral Documents and that the holders of the Obligations may exercise their remedies thereunder in accordance with the terms thereof.

Appears in 3 contracts

Samples: Credit Agreement (HCI Group, Inc.), Credit Agreement (HCI Group, Inc.), Credit Agreement (HCI Group, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 7.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.027.02) for purposes of Section 11.019.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.019.01.

Appears in 3 contracts

Samples: Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)

Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the LendersNoteholders, the obligations of the Borrower under this Agreement and the Notes, if any, hereunder may be declared to be forthwith due and payable as provided in Section 8.02 8.1 or Section 2.4(i), as applicable (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.1 or Section 2.4(i), as applicable) for purposes of Section 11.01, 3.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors such Guarantor for purposes of Section 11.013.1.

Appears in 3 contracts

Samples: Note Purchase Agreement (Affinity Group Holding, Inc.), Note Purchase Agreement (Affinity Group Inc), Note Purchase Agreement (Affinity Group Holding Inc)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 7.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.027.01) for purposes of Section 11.0110.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.01.

Appears in 3 contracts

Samples: Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and the Lenders, on the other hand, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0210) for purposes of Section 11.01, 11.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 3 contracts

Samples: Credit Agreement (Zymeworks Inc.), Credit Agreement (Molecular Templates, Inc.), Credit Agreement (Zymeworks Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 7.02(a) (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.027.02(a)) for purposes of Section 11.0110.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.01.

Appears in 3 contracts

Samples: Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen CO B.V.), Senior Secured Loan Agreement (Nielsen Holdings B.V.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) in connection with the proceeding referenced in Section 8.01(g) or (h) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 3 contracts

Samples: Credit Agreement (Revel Entertainment Group, LLC), Credit Agreement (Stockbridge/Sbe Investment Company, LLC), Credit Agreement (Stockbridge/Sbe Investment Company, LLC)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 3 contracts

Samples: Credit Agreement (Hercules Offshore, Inc.), First Lien Credit Agreement (Global Geophysical Services Inc), Second Lien Credit Agreement (Global Geophysical Services Inc)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and the Lenders, on the other hand, the obligations of the Borrower Borrowers under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article 10) for purposes of Section 11.01, 11.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 3 contracts

Samples: Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC), Trinity Biotech PLC

Remedies. The Guarantors jointly and severally agree that, as -------- between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, any Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 hereof (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.01, 6.01 hereof notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of said Section 11.016.01.

Appears in 3 contracts

Samples: Credit Agreement (Advanstar Inc), Credit Agreement (Applied Business Telecommunications), Advanstar Holdings Inc

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Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between each Guarantor on the Guarantors one hand and the LendersAdministrative Agent, the Issuing Lenders and the Lenders on the other, the obligations of the each Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VII) for purposes of Section 11.01, 9.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the such Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the such Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.019.01.

Appears in 3 contracts

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

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations Obligations of the Borrower under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations Obligations being deemed to have become automatically due and payable), such obligations Obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 3 contracts

Samples: Security Agreement (SolarWinds Corp), First Lien Credit Agreement (SolarWinds Corp), First Lien Credit Agreement (SolarWinds Corp)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 7.2 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.027.2) for purposes of Section 11.0111.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0111.1.

Appears in 3 contracts

Samples: Guarantee and Security Agreement (EVmo, Inc.), Loan Agreement (Xfone Inc.), Subordination and Intercreditor Agreement (Volta Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.2 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.2) for purposes of Section 11.0111.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0111.1.

Appears in 2 contracts

Samples: Accession Agreement (Vivint Solar, Inc.), Loan Agreement (Vivint Solar, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 2 contracts

Samples: Credit Agreement (Broder Bros Co), Credit Agreement (Broder Bros., Co.)

Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the Company Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.

Appears in 2 contracts

Samples: Credit Agreement (JELD-WEN Holding, Inc.), Credit Agreement (JELD-WEN Holding, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Company under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 hereof (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.01, 6.01 hereof notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Company and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerCompany) shall forthwith become due and payable by the Guarantors for purposes of said Section 11.016.01.

Appears in 2 contracts

Samples: Credit Agreement (Eller Media Corp), Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)

Remedies. The Guarantors jointly and severally agree that, -------- as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.01, 6.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.016.01.

Appears in 2 contracts

Samples: Credit Agreement (Princess Beverly Coal Holding Co Inc), Credit Agreement (Tuesday Morning Corp/De)

Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the BorrowerCompany) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.

Appears in 2 contracts

Samples: Pledge and Security Agreement (TMS International Corp.), Credit Agreement (TMS International Corp.)

Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 9 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.029) for purposes of Section 11.018.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 9 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.018.1.

Appears in 2 contracts

Samples: Credit Agreement (Emerald Expositions Events, Inc.), Credit Agreement (Emerald Holding, Inc.)

Remedies. The Guarantors jointly and severally agree Guarantor agrees that, as between the Guarantors Guarantor and the Lenders, the obligations of the any Approved Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VII hereof (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VII) for purposes of Section 11.01, 9.01 hereof notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Approved Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the such Approved Borrower) shall forthwith become due and payable by the Guarantors Guarantor for purposes of such Section 11.01.9.01. 87 81

Appears in 2 contracts

Samples: Conformed Copy (Harsco Corp), Credit Agreement (Harsco Corp)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.016.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.016.01.

Appears in 2 contracts

Samples: Credit Agreement (Nassau Broadcasting Corp), Credit Agreement (Imagistics International Inc)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, Note may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.01, 7.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.

Appears in 2 contracts

Samples: Credit Facility Agreement (OSG America L.P.), Senior Secured Revolving Credit Facility Agreement (OSG America L.P.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 11 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0211) for purposes of Section 11.01, 14.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0114.01.

Appears in 2 contracts

Samples: Term Loan Agreement (P3 Health Partners Inc.), Term Loan Agreement (Alignment Healthcare, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and the Agent and Lenders, on the other hand, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0210) for purposes of Section 11.01, 12.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0112.1.

Appears in 2 contracts

Samples: Loan and Security Agreement (Eloxx Pharmaceuticals, Inc.), Loan and Security Agreement (BiomX Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article XI (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article XI) for purposes of Section 11.01, 5.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.015.01.

Appears in 2 contracts

Samples: Credit Agreement (Brookfield Infrastructure Partners L.P.), Credit Agreement (Brookfield Infrastructure Partners L.P.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Parent Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Parent Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 2 contracts

Samples: Credit Agreement (Change Healthcare Holdings, Inc.), Credit Agreement (TC3 Health, Inc.)

Remedies. The Guarantors jointly and severally (except to the extent otherwise limited in accordance with applicable Requirements of Law as described in Annex I attached hereto) agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 2 contracts

Samples: Credit Agreement (Mindspeed Technologies Inc), Credit Agreement (Mindspeed Technologies Inc)

Remedies. The Guarantors jointly and severally agree that, to the fullest extent permitted by law, as between the Guarantors Guarantors, on the one hand, and the LendersLender, on the other hand, the obligations of the Borrower under this Agreement and the Notes, if any, Obligations may be declared to be forthwith due and payable as provided in Section 8.02 10.1 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0210.1) for purposes of Section 11.01, 4.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations preventing the Obligations from becoming automatically due and payable) as against the Borrower any other Person and that, in the event of such declaration (or such obligations the Obligations being deemed to have become automatically due and payable), such obligations the Obligations (whether or not due and payable by the Borrowerany other Person) shall forthwith become due and payable by the Guarantors for purposes of Section 11.014.1. The Guarantors acknowledge and agree that their Obligations hereunder are secured in accordance with the terms of this Agreement and the other Loan Documents and that the Lender may exercise their remedies thereunder in accordance with the terms hereof and thereof.

Appears in 2 contracts

Samples: Loan, Guaranty and Security Agreement (Hut 8 Corp.), Loan, Guaranty and Security Agreement (Hut 8 Corp.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the each Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 2 contracts

Samples: Credit Agreement (TiVo Corp), Credit Agreement (Rovi Corp)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 2 contracts

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

Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.

Appears in 2 contracts

Samples: Credit Agreement (Mueller Water Products, Inc.), Term Loan Credit Agreement (Mueller Water Products, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersHolders, the obligations of the Borrower Issuer under this Agreement and the Notes, if any, Indenture may be declared to be forthwith due and payable as provided in Section 8.02 Article 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) Article 10), for purposes of Section 11.01, 5.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Issuer, and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerIssuer) shall forthwith become due and payable by the Guarantors for purposes of Section 11.015.1.

Appears in 2 contracts

Samples: Indenture (NRG Energy Inc), Guarantee Agreement (Somerset Power LLC)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 2 contracts

Samples: Credit Agreement (Five Below, Inc), Pledge Agreement (International Seaways, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersCreditor, the obligations of the any Borrower under this Agreement and the Notes, if any, Notes may be declared to be forthwith promptly due and payable as provided in Section 8.02 Article 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) Article 8) for purposes of Section 11.019.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith promptly become due and payable by the Guarantors for purposes of Section 11.019.1.

Appears in 2 contracts

Samples: Credit Agreement (BRP (Luxembourg) 4 S.a.r.l.), Credit Agreement (Bombardier Recreational Products Inc.)

Remedies. The Subject to the terms and conditions of the Intercreditor Agreement and, to the extent applicable, any Term-ABL Intercreditor Agreement then in effect, the Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 2 contracts

Samples: Assignment and Assumption (Philadelphia Energy Solutions Inc.), Assignment and Assumption (Philadelphia Energy Solutions Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and the Administrative Agent and the Lenders, on the other hand, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 11 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0211) for purposes of Section 11.01, 13.01 notwithstanding any stay, injunction or other prohibition prohibition, including any such stay upon an Insolvency Proceeding, preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0113.01.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Harrow Health, Inc.), Credit Agreement and Guaranty (Establishment Labs Holdings Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersLender, the obligations of the Borrower under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 2 contracts

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

Remedies. The Guarantors jointly and severally agree Guarantor agrees that, as between the Guarantors such Guarantor and the LendersHolders, the obligations of the Borrower Issuer under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.2) for purposes of Section 11.0110.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Issuer and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerIssuer) shall forthwith become due and payable by the Guarantors Guarantor for purposes of Section 11.0110.1.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Spirit Airlines, Inc.), Securities Purchase Agreement (Spirit Airlines, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.0110.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.01.

Appears in 2 contracts

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)

Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the each Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the Tower Borrower and/or the Company Borrower, as applicable) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.

Appears in 2 contracts

Samples: Credit Agreement (JELD-WEN Holding, Inc.), Credit Agreement (JELD-WEN Holding, Inc.)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersLenders and the Issuing Banks, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 Article VI (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VI) for purposes of Section 11.01, 8.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the relevant Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the relevant Borrower) shall forthwith become due and payable by the Guarantors for purposes of said Section 11.018.01.

Appears in 2 contracts

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

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersBeneficiaries, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of this Section 11.017.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Remedies. The Subject to the terms of any applicable Intercreditor Agreement, the Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 2 contracts

Samples: Credit Agreement (Transfirst Holdings Corp.), Credit Agreement (Transfirst Holdings Corp.)

Remedies. The Guarantors jointly and severally (except to the extent otherwise limited in accordance with applicable Requirements of Law as described in Annex IV attached hereto) agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.

Appears in 2 contracts

Samples: Credit Agreement (Wh Holdings Cayman Islands LTD), Credit Agreement (Herbalife International Inc)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and the Lenders, on the other hand, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article 10) for purposes of Section 11.01, 11.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.

Appears in 2 contracts

Samples: Credit Agreement (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between such Guarantor on the Guarantors one hand and the LendersLenders and the Administrative Agent on the other hand, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) Article 8) for purposes of Section 11.01, 7.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors such Guarantor for purposes of Section 11.017.01.

Appears in 2 contracts

Samples: Joinder Agreement (Newell Rubbermaid Inc), Bridge Loan Agreement (Newell Brands Inc)

Remedies. The Unlimited Guarantors jointly and severally agree agree, and the Limited Guarantors jointly but not severally agree, that, as between the Guarantors and the LendersLender, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.1 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.1) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.

Appears in 2 contracts

Samples: Stockholders’ Agreement (Gsi Commerce Inc), Stockholders’ Agreement (Gsi Commerce Inc)

Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower under this Agreement and the Notes, if any, Loan Agreements may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII of the respective Loan Agreements (and shall be deemed to have become automatically due and payable in Restricted Company Guarantee and Security Agreement the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.01, 2.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of said Section 11.012.01.

Appears in 2 contracts

Samples: Guarantee and Security Agreement (Nextel Communications Inc), Guarantee and Security Agreement (Nextel Communications Inc)

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