Common use of THEREUPON Clause in Contracts

THEREUPON. in the case of an Event of Default other than one referred to in clause (e), (f) or (g) of this Section 10, Administrative Agent may, and upon written direction of the Majority Lenders shall, by notice to Borrower, terminate the Term Loan Commitments and/or declare the principal amount then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by Borrower hereunder and under the Term Notes (including any amounts payable under Section 5.05 or 5.06) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by Borrower, reduce any claim to judgment, take any other action permitted by law and/or take any action permitted to be taken by the Security Agreement during the existence of an Event of Default; and (2) in the case of the occurrence of an Event of Default referred to in clause (e), (f) or (g) of this Section 10, the Term Loan Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by Borrower hereunder and under the Term Notes (including any amounts payable under Section 5.05 or 5.06) shall automatically become immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by Borrower.

Appears in 1 contract

Sources: Credit Agreement (Aether Systems Inc)

THEREUPON. in the case of an Event of Default other than one referred to in clause (e), paragraph (f) or (g) of this Section 109 with respect to the Company, the Administrative Agent maymay and, and upon written direction request of the Majority Lenders Banks (or with respect to Swingline Loans, upon the request of the Swingline Bank), shall, by notice to Borrowerthe Company, terminate the Term Loan Commitments (and/or the Swingline Commitment) and/or declare the principal amount then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by Borrower the Company hereunder and under the Term Notes (including including, without limitation, any amounts payable under Section 5.05 or 5.065.04 hereof) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by Borrower, reduce any claim to judgment, take any other action permitted by law and/or take any action permitted to be taken by the Security Agreement during the existence of an Event of DefaultCompany; and (2) in the case of the occurrence of an Event of Default referred to in clause (e), paragraph (f) Credit Agreement or (g) of this Section 109 with respect to the Company, the Term Loan Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by Borrower the Company hereunder and under the Term Notes (including including, without limitation, any amounts payable under Section 5.05 or 5.065.04 hereof) shall automatically become immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by Borrowerthe Company.

Appears in 1 contract

Sources: Credit Agreement (Enhance Financial Services Group Inc)

THEREUPON. in the case of an Event of Default other than one referred to in clause (e), (f) or (g) of this Section 10, Administrative Agent may, with the consent of the Majority Lenders, and upon written direction of the Majority Lenders shall, by notice to Borrower, terminate the Term Loan Commitments and/or declare the principal amount then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by Borrower hereunder and under the Term Notes (including any amounts payable under Section 5.05 or 5.06) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by Borrower, reduce any claim to judgment, judgment and take any other action permitted by law and/or take any action permitted to be taken by the Security Agreement during the existence of an Event of Defaultlaw; and (2) in the case of the occurrence of an Event of Default referred to in clause (e), (f) or (g) of this Section 1010 with respect to the Borrower or any Significant Subsidiary, the Term Loan Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by Borrower hereunder and under the Term Notes (including any amounts payable under Section 5.05 or 5.06) shall automatically become immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by Borrower.

Appears in 1 contract

Sources: Senior Subordinated Credit Agreement (Princess Beverly Coal Holding Co Inc)

THEREUPON. in the case of an Event of Default other than one referred to in clause (e), (f) or (g) of this Section 10Article X, the Administrative Agent mayAgent, and upon written direction with the consent of the Majority Lenders Lenders, may and, upon request of the Majority Lenders, shall, by notice to the Borrower, terminate the Term Loan Commitments and/or declare the principal amount then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by the Borrower and the Guarantors hereunder and under the Term Notes (including any amounts payable under Section 5.05 or 5.06) other Loan Documents to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, diligence, protest or other formalities of any kind, all of which are hereby expressly waived by Borrower, reduce any claim to judgment, take any other action permitted by law and/or take any action permitted to be taken by the Security Agreement during the existence of an Event of DefaultCredit Parties; and (2B) in the case of the occurrence of an Event of Default referred to in clause (e), (f) or (g) of this Section 10Article X, the Term Loan Commitments shall be automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by the Borrower and the Guarantors hereunder and under the Term Notes (including any amounts payable under Section 5.05 or 5.06) other Loan Documents shall become automatically become immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by Borrowerthe Credit Parties.

Appears in 1 contract

Sources: Credit Agreement (Home Shopping Network Inc)

THEREUPON. in the case of an Event of Default other than one referred to in clause (e), (f) or (g) of this Section 1010 with respect to the Borrower or any Subsidiary Guarantor, the Credit Agreement Administrative Agent maymay and, and upon written direction request of the Majority Lenders shallLenders, will, by notice to the Borrower, terminate the Term Loan Commitments and/or declare the principal amount then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by the Borrower and the Subsidiary Guarantors hereunder and under the Term Notes (including including, without limitation, any amounts payable under Section 5.05 or 5.06hereof) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by Borrower, reduce any claim to judgment, take any other action permitted by law and/or take any action permitted to be taken by the Security Agreement during the existence of an Event of DefaultObligors; and (2) in the case of the occurrence of an Event of Default referred to in clause (e), (f) or (g) of this Section 1010 with respect to the Borrower or any Subsidiary Guarantor, the Term Loan Commitments shall automatically be terminated and the principal amount then outstanding of, and the accrued interest on, the Term Loans and all other amounts payable by Borrower the Obligors hereunder and under the Term Notes (including including, without limitation, any amounts payable under Section 5.05 or 5.06hereof) shall automatically become immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by Borrowerthe Obligors.

Appears in 1 contract

Sources: Credit Agreement (Rutherford-Moran Oil Corp)