Common use of TERMINATION OF COMMITMENT AND ACCELERATION Clause in Contracts

TERMINATION OF COMMITMENT AND ACCELERATION. Upon the happening or occurrence of an Event of Default described in Section 9.E. above, the Lenders' Commitments shall immediately terminate, and upon the happening or occurrence of any other Event of Default set forth in Section 9, such Event of Default not having been previously cured or waived in writing by the Required Lenders, the Agent shall, if so directed by the Required Lenders, or may with the consent of the Required Lenders, declare the Commitments terminated, if they have not yet been terminated. Following the termination of the Commitments, the Agent shall, if so directed by the Required Lenders, or may with the consent of the Required Lenders, accelerate the Obligations by declaring that the Obligations are then due and payable and, thereupon, the Notes shall be and become forthwith, due and payable without any presentment, demand, protest, notice of any of the foregoing or other notice of any kind, all of which are hereby expressly waived notwithstanding anything contained herein or in the Notes to the contrary, and the Agent and the Lenders shall have all rights and remedies now or hereafter provided by applicable Laws and without limiting the generality of the foregoing may, at their option, also appropriate and apply toward the payment of the Notes, any indebtedness of the Agent or the

Appears in 2 contracts

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

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TERMINATION OF COMMITMENT AND ACCELERATION. Upon the happening or occurrence of an Event of Default described in Section 9.E. above, the Lenders' Commitments Commitment shall immediately terminate, and upon the happening or occurrence of any other Event of Default set forth in Section 9, such Event of Default not having been previously cured or waived in writing by the Required LendersLender, the Agent shall, if so directed by the Required Lenders, or Lender may with the consent of the Required Lenders, declare the Commitments Commitment terminated, if they have not yet been terminated. Following the termination of the CommitmentsCommitment, the Agent shall, if so directed by the Required Lenders, or Lender may with the consent of the Required Lenders, accelerate the Obligations by declaring that the Obligations are then due and payable and, thereupon, the Notes Note shall be and become forthwith, due and payable without any presentment, demand, protest, notice of any of the foregoing or other notice of any kind, all of which are hereby expressly waived notwithstanding anything contained herein or in the Notes Note to the contrary, and the Agent and the Lenders Lender shall have all rights and remedies now or hereafter provided by applicable Laws and without limiting the generality of the foregoing may, at their its option, also appropriate and apply toward the payment of the NotesNote, any indebtedness of the Agent Lender to the Borrower, howsoever created or thearising, and may also exercise any and all rights and remedies hereunder, under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Hub International LTD)

TERMINATION OF COMMITMENT AND ACCELERATION. Upon 13.2.1 If any one or more of the happening or occurrence of an Event Events of Default described in Section 9.E. aboveshall occur and not be cured within the applicable cure period, the Lenders' Commitments shall immediately terminateif any, Agent may, and upon the happening or occurrence of any other Event of Default set forth in Section 9, such Event of Default not having been previously cured or waived in writing by the Required Lenders, the Agent shall, shall if so directed by the Required Lenders, or may with the consent of the Required by notice to Borrower declare Lenders, declare the Commitments ' obligations to make Advances hereunder to be terminated, if they have not yet been terminated. Following whereupon the termination same shall terminate and Agent and Lenders shall be relieved of all obligations to make Advances to Borrower, and/or declare all unpaid principal of and accrued interest on the CommitmentsNotes, together with all other amounts owing under the Agent shallLoan Documents, if so directed by the Required Lenders, or may with the consent of the Required Lenders, accelerate the Obligations by declaring that the Obligations are then to be immediately due and payable andpayable, thereuponwithout further notice or demand, the Notes whereupon same shall become and be and become forthwith, immediately due and payable payable, anything in the Loan Documents to the contrary notwithstanding, and without any presentment, demand, protest, notice of any of the foregoing demand or other notice of any kind, all of which are hereby expressly waived notwithstanding anything contained herein by Borrower; provided that if any one or in the Notes to the contrary, and the Agent and the Lenders shall have all rights and remedies now or hereafter provided by applicable Laws and without limiting the generality more of the foregoing mayEvents of Default specified in Section 13.1.15 or Section 13.1.16 hereof shall occur with respect to Borrower, at their option, also appropriate the Lenders' obligations to make Advances hereunder automatically shall so terminate and apply toward the payment all unpaid principal of and accrued interest on the Notes, together with all other amounts owing under the Loan Documents, automatically shall become and be immediately so due and payable, without any indebtedness declaration or other act on the part of Agent or Lenders. Failure to exercise such option shall not constitute a waiver of the Agent or theright to exercise such option in the future upon the occurrence and during the continuance of an Event of Default.

Appears in 1 contract

Samples: Credit Construction Loan Agreement (Wci Communities Inc)

TERMINATION OF COMMITMENT AND ACCELERATION. Upon the happening or occurrence of an Event of Default described in Section 9.E. above, the Lenders' Commitments Commitment shall immediately terminate, and upon the happening or occurrence of any other Event of Default set forth in Section 9, such Event of Default not having been previously cured or waived in writing by the Required Lenders, the Agent shall, if so directed by the Required Lenders, or may with the consent of the Required Lenders, declare the Commitments Commitment terminated, if they have it has not yet been terminated. Following the termination of the CommitmentsCommitment, the Agent shall, if so directed by the Required Lenders, or may with the consent of the Required Lenders, accelerate the Obligations by declaring that the Obligations are then due and payable and, thereupon, the Notes shall be and become forthwith, due and payable without any presentment, demand, protest, notice of any of the foregoing or other notice of any kind, all of which are hereby expressly waived notwithstanding anything contained herein or in the Notes to the contrary, and the Agent and the Lenders shall have all rights and remedies now or hereafter provided by applicable Laws and without limiting the generality of the foregoing may, at their option, also appropriate and apply toward the payment of the Notes, any indebtedness of the Agent or theLenders to the Borrowers, howsoever created or arising, and may also exercise any and all rights and remedies hereunder, under the Loan Documents or in and to the Collateral referred to in the Mortgages, Leasehold Mortgages, Security Agreement and Stock Pledge Agreement.

Appears in 1 contract

Samples: Credit Agreement (Continental Waste Industries Inc)

TERMINATION OF COMMITMENT AND ACCELERATION. Upon the happening or occurrence of an Event of Default described in Section 9.E. above, the Lenders' Lender's Commitments shall immediately terminate, and upon the happening or occurrence of any other Event of Default set forth in Section 9, such Event of Default not having been previously cured or waived in writing by the Required LendersLender, the Agent shall, if so directed by the Required Lenders, or Lender may with the consent of the Required Lenders, declare the Commitments terminated, if they have not yet been terminated. Following the termination of the Commitments, the Agent shall, if so directed by the Required Lenders, or Lender may with the consent of the Required Lenders, accelerate the Obligations by declaring that the Obligations are then due and payable and, thereupon, the Notes Note shall be and become forthwith, due and payable without any presentment, demand, protest, notice of any of the foregoing or other notice of any kind, all of which are hereby expressly waived notwithstanding anything contained herein or in the Notes Note to the contrary, and the Agent and the Lenders Lender shall have all rights and remedies now or hereafter provided by applicable Laws and without limiting the generality of the foregoing may, at their its option, also appropriate and apply toward the payment of the NotesNote, any indebtedness of the Agent Lender to the Borrower, howsoever created or thearising, and may also exercise any and all rights and remedies hereunder, under the Loan Documents or in and to the Collateral referred to in the Security Agreement and Stock Pledge Agreement.

Appears in 1 contract

Samples: Credit Agreement (Zebu)

TERMINATION OF COMMITMENT AND ACCELERATION. Upon the happening or occurrence of an Event of Default described in Section 9.E. SECTION 5.5 above, Lender's commitment to make the Lenders' Commitments Term Loan, if it is not yet terminated, shall immediately terminate, and upon the happening or occurrence of any other Event of Default set forth in Section 9SECTION 5, such Event of Default not having been previously cured or waived in writing by the Required LendersLender, the Agent shallLender, if so directed by the Required Lendersmay, or may with the consent of the Required Lendersat its sole and complete discretion and option, declare the Commitments commitment to make the Term Loan terminated, if they have it has not yet been terminated. Following the termination of the CommitmentsThereupon, the Agent shallTerm Note and any and all other Obligations, if so directed by the Required Lenders, or may with the consent of the Required Lenders, accelerate the Obligations by declaring that the Obligations are then due and payable and, thereupon, the Notes shall be and become forthwith, due and payable without any presentment, demand, protest, notice of any of the foregoing or other notice of any kind, all of which are hereby expressly waived notwithstanding anything contained herein or in the Notes Term Note to the contrary, and the Agent and the Lenders Lender shall have all rights and remedies now or hereafter provided by applicable Laws laws and without limiting may also exercise any and all rights and remedies hereunder or under the generality Loan Documents all of which rights and remedies shall be cumulative and non-exclusive, to the foregoing may, at their option, also appropriate and apply toward the payment of the Notes, any indebtedness of the Agent or theextent permitted by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Coast Dental Services Inc)

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TERMINATION OF COMMITMENT AND ACCELERATION. Upon 13.2.1 If any one or more of the happening or occurrence of an Event Events of Default described in Section 9.E. aboveshall occur and not be cured within the applicable cure period, the Lenders' Commitments shall immediately terminateif any, Agent may, and upon the happening or occurrence of any other Event of Default set forth in Section 9, such Event of Default not having been previously cured or waived in writing by the Required Lenders, the Agent shall, shall if so directed by the Required Lenders, or may with the consent of the Required by notice to Borrower declare Lenders, declare the Commitments ' obligations to make Advances hereunder to be terminated, if they have not yet been terminated. Following whereupon the termination same shall terminate and Agent and Lenders shall be relieved of all obligations to make Advances to Borrower, and/or declare all unpaid principal of and accrued interest on the CommitmentsNotes, together with all other amounts owing under the Agent shallLoan Documents, if so directed by the Required Lenders, or may with the consent of the Required Lenders, accelerate the Obligations by declaring that the Obligations are then to be immediately due and payable andpayable, thereuponwithout further notice or demand, the Notes whereupon same shall become and be and become forthwith, immediately due and payable payable, anything in the Loan Documents to the contrary notwithstanding, and without any presentment, demand, protest, notice of any of the foregoing demand or other notice of any kind, all of which are hereby expressly waived notwithstanding anything contained herein by Borrower; provided that if any one or in the Notes to the contrary, and the Agent and the Lenders shall have all rights and remedies now or hereafter provided by applicable Laws and without limiting the generality more of the foregoing mayEvents of Default specified in Section 13.1.14 or Section 13.1.15 hereof shall occur with respect to Borrower, at their option, also appropriate the Lenders' obligations to make Advances hereunder automatically shall so terminate and apply toward the payment all unpaid principal of and accrued interest on the Notes, together with all other amounts owing under the Loan Documents, automatically shall become and be immediately so due and payable, without any indebtedness declaration or other act on the part of Agent or Lenders. Failure to exercise such option shall not constitute a waiver of the Agent or theright to exercise such option in the future upon the occurrence and during the continuance of an Event of Default.

Appears in 1 contract

Samples: Credit Construction Loan Agreement (Wci Communities Inc)

TERMINATION OF COMMITMENT AND ACCELERATION. Upon 13.2.1 If any one or more of the happening or occurrence of an Event Events of Default described in Section 9.E. aboveshall occur and not be cured within the applicable cure period, the Lenders' Commitments shall immediately terminateif any, Agent may, and upon the happening or occurrence of any other Event of Default set forth in Section 9, such Event of Default not having been previously cured or waived in writing by the Required Lenders, the Agent shall, shall if so directed by the Required Lenders, or may with the consent of the Required by notice to Borrower declare Lenders, declare the Commitments ’ obligations to make Advances hereunder to be terminated, if they have not yet been terminated. Following whereupon the termination same shall terminate and Agent and Lenders shall be relieved of all obligations to make Advances to Borrower, and/or declare all unpaid principal of and accrued interest on the CommitmentsNotes, together with all other amounts owing under the Agent shallLoan Documents, if so directed by the Required Lenders, or may with the consent of the Required Lenders, accelerate the Obligations by declaring that the Obligations are then to be immediately due and payable andpayable, thereuponwithout further notice or demand, the Notes whereupon same shall become and be and become forthwith, immediately due and payable payable, anything in the Loan Documents to the contrary notwithstanding, and without any presentment, demand, protest, notice of any of the foregoing demand or other notice of any kind, all of which are hereby expressly waived notwithstanding anything contained herein by Borrower; provided that if any one or in the Notes to the contrary, and the Agent and the Lenders shall have all rights and remedies now or hereafter provided by applicable Laws and without limiting the generality more of the foregoing mayEvents of Default specified in Section 13.1.14 or Section 13.1.15 hereof shall occur with respect to Borrower, at their option, also appropriate the Lenders’ obligations to make Advances hereunder automatically shall so terminate and apply toward the payment all unpaid principal of and accrued interest on the Notes, together with all other amounts owing under the Loan Documents, automatically shall become and be immediately so due and payable, without any indebtedness declaration or other act on the part of Agent or Lenders. Failure to exercise such option shall not constitute a waiver of the Agent or theright to exercise such option in the future upon the occurrence and during the continuance of an Event of Default.

Appears in 1 contract

Samples: Revolving Credit Construction Loan Agreement (Wci Communities Inc)

TERMINATION OF COMMITMENT AND ACCELERATION. Upon the happening or occurrence of an Event of Default described in Section 9.E. 10.1(c) above, the LendersBanks' Commitments commitments to make the Revolving Loans, if such commitments have not yet terminated, shall immediately terminate, and upon the happening or occurrence of any other Event of Default set forth in Section 9Default, such Event of Default not having been previously cured or waived in writing by the Required LendersMajority Banks, the Agent shall, if so directed by Banks holding Percentage Interests in the Required Lenders, or may with the consent aggregate of more than sixty-seven (67%) of the Required LendersRevolving Loan Commitment, declare terminate the Commitments terminated, if they have not yet been terminatedcommitment to make the Revolving Loans. Following the termination of the CommitmentsThereupon, the Agent shallRevolving Notes, if so directed by the Required Lendersincluding, without limitation, all principal and interest thereon and all other amounts due under this Agreement or may with the consent of the Required Lendersany other Loan Document, accelerate the Obligations by declaring that the Obligations are then due and payable and, thereupon, the Notes shall be and become forthwith, due and payable without any presentment, demand, protest, notice of any of the foregoing or other notice of any kind, all of which are hereby expressly waived notwithstanding anything contained herein or in the Revolving Notes to the contrary, and the Agent and the Lenders Banks shall have all rights and remedies now or hereafter provided by applicable Laws and without limiting the generality of the foregoing foregoing, may, at their option, also appropriate and apply toward the payment of the Revolving Notes, or any indebtedness Indebtedness of the Agent Banks to the Borrowers, howsoever, created or thearising, and may also exercise any and all rights and remedies hereunder, under the Loan Documents or in and to the collateral security referred to in Section 5 hereof, including, without limitation, the collateral defined in the Collateral Agreement (the "Collateral").

Appears in 1 contract

Samples: Revolving Credit Agreement (First Enterprise Financial Group Inc)

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