Common use of Termination of the Commitments Clause in Contracts

Termination of the Commitments. The Agent shall have the right, with the consent of the Required Lenders and without notice to the Borrower, to terminate the Commitments immediately upon a Matured Default, or upon the repayment in full of all of the Liabilities. In addition, the Loan Commitments shall be deemed immediately terminated and all of the Liabilities shall be immediately due and payable, without notice to the Borrower, on the Maturity Date. In the event any of the Commitments are terminated, the remainder of this Agreement shall remain in full force and effect until the indefeasible full payment and full satisfaction of the Liabilities. Notwithstanding the foregoing, in the event that a proceeding under any bankruptcy, reorganization, arrangement of debt, insolvency, readjustment of debt or receivership law or statute is filed by or against the Borrower, or the Borrower makes an assignment for the benefit of creditors, the Commitments shall be deemed to be terminated immediately, and all the Liabilities shall be due and payable, provided however, that in the event a proceeding against the Borrower is dismissed within sixty (60) days of the date of its filing and there is then no other basis for the termination of the Commitments or the acceleration of the Liabilities, then the Commitments shall be deemed to be reinstated and the acceleration of the Liabilities shall be deemed to be rescinded, both as of the date the order of dismissal becomes final and the Agent is given notice thereof.

Appears in 1 contract

Samples: Credit Agreement (Sanfilippo John B & Son Inc)

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Termination of the Commitments. (a) The Agent shall have the right, with the consent of the Required Lenders and without notice to the Borrower, to terminate the Commitments immediately upon a Matured Default, or upon the repayment in full of all of the Liabilities. In addition, the Revolving Loan Commitments and the LC Commitments shall be deemed immediately terminated and all of the Liabilities relating to the Revolving Loans shall be immediately due and payable, without notice to the Borrower, on the Revolving Maturity Date. In the event any of the Commitments are terminated, the remainder of this Agreement shall remain in full force and effect until the indefeasible full payment and full satisfaction of the Liabilities. Notwithstanding the foregoing, in the event that a proceeding under any bankruptcyDefault of the type described in clause (i) of the definition of Matured Default occurs, reorganization, arrangement of debt, insolvency, readjustment of debt or receivership law or statute is filed by or against the Borrower, or the Borrower makes an assignment for the benefit of creditors, the Commitments then this Agreement shall be deemed to be terminated immediately, and all of the Liabilities shall be automatically become immediately due and payable, and the obligations of the Lenders to make Loans and the Commitments shall automatically terminate in accordance with Section 11.1, provided however, that if such Default is cured within the time period (if applicable) set forth in the event a proceeding against the Borrower is dismissed within sixty clause (60i) days of the date definition of its filing and there is then no other basis for the termination of the Commitments or the acceleration of the LiabilitiesMatured Default, then the Commitments this Agreement shall be deemed to be reinstated and the acceleration of the Liabilities shall be deemed to be rescinded, both as of the date the order of dismissal becomes final and that the Agent is given written notice thereofof a final court order effecting such cure.

Appears in 1 contract

Samples: Credit Agreement (PSF Group Holdings Inc)

Termination of the Commitments. (a) The Agent shall have the right, with the consent of the Required Lenders and without notice to the Borrower, to terminate the Commitments immediately upon a Matured Default, or upon . The Revolving Loan Commitments and the repayment in full of all of the Liabilities. In addition, the Loan LC Commitments shall be deemed immediately terminated and all of the Liabilities relating to the Revolving Loans shall be immediately due and payable, without notice to the Borrower, on the Revolving Maturity Date. The Term Loan Commitments shall be deemed immediately terminated and all of the Liabilities relating to the Term Loans shall be immediately due and payable, without notice to the Borrower, on the Term Maturity Date. In the event any of the Commitments are terminated, the remainder of this Agreement shall remain in full force and effect until the indefeasible full payment and full satisfaction of the Liabilities. Notwithstanding the foregoing, in the event that a proceeding under any bankruptcyDefault of the type described in clause (i) of the definition of Matured Default occurs, reorganization, arrangement of debt, insolvency, readjustment of debt or receivership law or statute is filed by or against the Borrower, or the Borrower makes an assignment for the benefit of creditors, the Commitments then this Agreement shall be deemed to be terminated immediately, and all of the Liabilities shall be automatically become immediately due and payable, and the obligations of the Lenders to make Loans and the Commitments shall automatically terminate in accordance with Section 11.1, provided however, that if such Default is cured within the time period (if applicable) set forth in the event a proceeding against the Borrower is dismissed within sixty clause (60i) days of the date definition of its filing and there is then no other basis for the termination of the Commitments or the acceleration of the LiabilitiesMatured Default, then the Commitments this Agreement shall be deemed to be reinstated and the acceleration of the Liabilities shall be deemed to be rescinded, both as of the date the order of dismissal becomes final and that the Agent is given written notice thereofof a final court order effecting such cure.

Appears in 1 contract

Samples: Credit Agreement (PSF Group Holdings Inc)

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Termination of the Commitments. (a) The Agent Lender shall have the right, with the consent of the Required Lenders and without notice to the Borrower, to terminate the Commitments immediately upon a Matured Default, or upon the repayment in full of all of the Liabilities. In addition, the Revolving Loan Commitments Commitment and the LC Commitment shall be deemed immediately terminated and all of the Revolving Loan Liabilities shall be immediately due and payable, without notice to the Borrower, on the Maturity Date. In the event any of the Commitments are terminated, the remainder of this Agreement shall remain in full force and effect until the indefeasible full payment and full satisfaction of the LiabilitiesRevolving Loan. Notwithstanding the foregoing, in the event that a proceeding under any bankruptcy, reorganization, arrangement of debt, insolvency, readjustment of debt or receivership law or statute is filed by or against the Borrower, Borrower or the Borrower makes an assignment for the benefit of creditors, the Commitments this Agreement shall be deemed to be terminated immediately, and all of the Liabilities shall be automatically become immediately due and payable, provided provided, however, that in the event of a proceeding against the Borrower is dismissed within sixty thirty (6030) days of the date of its filing and there is then no other basis for the termination of the Commitments or the acceleration of the Liabilitiesfiling, then the Commitments Agreement shall be deemed to be reinstated and the acceleration of the Liabilities shall be deemed to be rescinded, both as of the date the order of dismissal becomes final and the Agent Lender is given notice thereof.

Appears in 1 contract

Samples: Revolving Credit Agreement (Show Me Ethanol, LLC)

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