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 143 contracts

Samples: Term Loan Credit Agreement (BRP Inc.), Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Audacy, 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 Holding Corp.), Security Agreement (Norcraft Companies, 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 (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: Loans and Payments (Option Care Health, Inc.), Credit Agreement (Trinseo PLC), First Lien Credit Agreement (Option Care Health, 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 28 contracts

Samples: Agreement (Decipher Biosciences, Inc.), Term Loan Agreement, Agreement (Decipher Biosciences, 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 (Harry & David Holdings, Inc.), 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: Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc), Security Agreement (Sinclair Broadcast Group 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: Credit Agreement (Cvent Holding Corp.), Credit Agreement (Dragoneer Growth Opportunities Corp. II), Second Lien Credit Agreement (Allvue Systems 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, 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 (Novelis Inc.), Credit Agreement (Novelis 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: Amendment Agreement (Nielsen Holdings PLC), Credit Agreement (Nielsen Holdings PLC), 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 (Liberty Latin America Ltd.)

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), Year 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, Credit Agreement (HC2 Holdings, 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 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 11 contracts

Samples: Credit Agreement (Lbi Media Holdings Inc), Lease Agreement (Lbi Media Holdings Inc), Credit Agreement (Affinity Group Holding 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), Lien Credit Agreement (Powerschool Holdings, Inc.), Credit Agreement (CLARIVATE 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 11 contracts

Samples: Credit Agreement (Davita Inc.), Credit Agreement (Tivity Health, Inc.), Credit Agreement (Davita 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 10 contracts

Samples: First Lien Credit and Guarantee Agreement (Janus International Group, Inc.), Credit and Guarantee Agreement (Janus International Group, Inc.), Credit and Guarantee Agreement (Janus International Group, 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 (CSG Systems International Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc), Credit Agreement (CSG Systems 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 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 9 contracts

Samples: Revolving Credit Agreement (AerCap Holdings N.V.), 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 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 8 contracts

Samples: Credit Agreement (Loar Holdings Inc.), Credit Agreement (Loar Holdings, LLC), 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 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 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 (Informatica Inc.), Joinder Agreement (Informatica Inc.), Restatement Agreement (LEGALZOOM.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 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 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: Credit Agreement (Yellow Corp), Tranche B Term Loan Credit Agreement (YRC Worldwide Inc.), Term Loan Credit Agreement (YRC Worldwide 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 (Biodesix 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 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 Holdings Inc.), Credit Agreement (Telesat Holdings 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.), Term Loan Credit Agreement (Prestige Brands Holdings, Inc.), 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 (International Seaways, Inc.), Credit Agreement (Layne Christensen Co), Credit Agreement (Layne Christensen Co)

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.), Guarantee and Security Agreement (KKR & Co. Inc.), 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 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 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 5 contracts

Samples: Security Agreement, Credit Agreement (Meredith Corp), Credit Agreement (Time 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), Term Loan Credit Agreement (Lenox Group Inc), Credit Agreement (Basic Energy Services 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: Senior Secured Term Loan Credit Agreement (Internap Corp), Term Loan Credit Agreement (Internap Corp), Credit Agreement (Internap Corp)

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 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 South American Logistics Inc.), Credit Agreement (Navios Maritime Partners L.P.), Credit Agreement (Navios Maritime Midstream 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 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 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 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 (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 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 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 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 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: 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 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 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 (J.Jill, Inc.), Schedules (J.Jill, Inc.), Abl Credit Agreement and Waiver (J.Jill, Inc.)

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: Guarantee and Collateral Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, 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. /DE), Credit Agreement (Alight, Inc. / Delaware)

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 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 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 Holdings B.V.), Senior Secured Loan Agreement (Nielsen CO 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, 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 (Applied Business Telecommunications), Credit Agreement (Advanstar Inc), Advanstar Holdings Inc

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

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 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 (Molecular Templates, Inc.), Credit Agreement (Zymeworks 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 (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) Borrower shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.01.

Appears in 3 contracts

Samples: Credit Agreement (United Parks & Resorts Inc.), Credit Agreement (SeaWorld Entertainment, Inc.), Security Agreement (SeaWorld Entertainment, 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 8.01 (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 (Stockbridge/Sbe Investment Company, LLC), Credit Agreement (Stockbridge/Sbe Investment Company, LLC), Credit Agreement (Revel Entertainment Group, LLC)

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 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, 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 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.)

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

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 3 contracts

Samples: Credit Agreement (SOPHiA GENETICS SA), Credit Agreement (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis 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 BorrowerCompany) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.

Appears in 3 contracts

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

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, 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 7.2 (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: Subordination and Intercreditor Agreement (Volta Inc.), Guarantee and Security Agreement (EVmo, Inc.), Loan Agreement (Xfone 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 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: Credit Agreement (Linens N Things Inc), Credit Agreement (LNT Leasing II, LLC), Option Credit Agreement (Linens N Things 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 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 11.017.01, 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 each Guarantor for purposes of Section 11.017.01.

Appears in 2 contracts

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

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 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 (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 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 2 contracts

Samples: Credit and Guarantee Agreement (Alden Global Capital LLC), Credit and Guarantee Agreement (Alden Global Capital 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, 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)

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 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 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 Guarantors, on one hand, and Lenders, on the Lendersother 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, 12.01 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 11.0112.01.

Appears in 2 contracts

Samples: Credit Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC)

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 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 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 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 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 11.019.1, 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 11.019.1.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Par Petroleum Corp/Co), Term Loan Agreement (Gevo, 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 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 (Menlo Therapeutics Inc.), Credit Agreement and Guaranty (Foamix Pharmaceuticals Ltd.)

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 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 (Imagistics International Inc), Credit Agreement (Nassau Broadcasting 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 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 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: Revolving Credit Agreement (Department 56 Inc), Term Loan Credit Agreement (Department 56 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 Financing Agreements 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 11.0111.1, 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: Loan and Security Agreement (Five Below, Inc), Loan and Security Agreement (Five Below, 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, 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 2 contracts

Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)

Remedies. The Guarantors and the Borrowers jointly and severally agree that, as between the Guarantors Guarantors, the Borrowers 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 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 2 contracts

Samples: Credit Agreement (Massey Energy Co), Credit Agreement (Massey Energy Co)

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 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 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: Bridge Loan Agreement (Newell Brands Inc), Joinder Agreement (Newell Rubbermaid 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 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 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 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 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 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 the Credit Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII of the Credit Agreement (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 11.01, 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: Credit Agreement (Nextel Communications Inc), Guarantee and Security Agreement (Nextel Communications Inc)

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