Acceleration and Termination of Rights. (a) Upon the occurrence of an Event of Default and at any time thereafter while an Event of Default is continuing, the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower: (i) declare the Advances made to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such Advances to be due and payable on demand of the Agent; and/or (ii) declare that all of the Commitments shall be cancelled, whereupon the same shall be cancelled and the Commitment of each Lender shall be reduced to zero; and/or (iii) exercise any or all of its rights, remedies or powers under or pursuant to the Loan Documents. (b) If, pursuant to this Section 9.2, the Agent declares any Advances made to the Borrower to be due and payable on demand, then, and at any time thereafter, the Agent may (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document and the provisions of Section 9.8 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice. (c) Notwithstanding item (a), if a Restricted Party becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangement, relief of debtors or creditor or the appointment of a receiver or trustee over any material part of its Property, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the Lenders, and without presentment, demand or protest, the Lenders' obligation to make Advances shall immediately terminate and the Obligations shall immediately become due and payable.
Appears in 9 contracts
Sources: Credit Agreement (Hudbay Minerals Inc.), Credit Agreement (Hudbay Minerals Inc.), Amending Agreement (Hudbay Minerals Inc.)
Acceleration and Termination of Rights. (a) Upon the occurrence of an If any Event of Default occurs, no Lender shall be under any further obligation to make Advances and at any time thereafter while an Event of Default is continuing, the Majority Lenders may instruct the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) by written to give notice to the Borrower:
Borrower (i) declare declaring the Advances made Lenders' obligations to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such make Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelledterminated, whereupon the same shall forthwith terminate, (ii) declaring the Obligations or any of them to be cancelled forthwith due and payable, whereupon they shall become and be forthwith due and payable without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Commitment of each Lender shall be reduced to zero; and/or
Borrower, and/or (iii) exercise any or all of its rights, remedies or powers under or pursuant demanding that the Borrower deposit forthwith with the Agent for the Lenders' benefit Collateral equal to the Loan Documents.
(b) If, pursuant to this Section 9.2, full principal amount at maturity of all L/Cs and Bankers' Acceptances then outstanding for its account. Notwithstanding the Agent declares any Advances made to the Borrower to be due and payable on demand, then, and at any time thereafter, the Agent may (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document and the provisions of Section 9.8 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item (a)preceding paragraph, if a Restricted Party becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangement, relief of debtors or creditor or the appointment of a receiver or trustee over any material part of its Property, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the Lenders, and without presentment, demand or protest, the Lenders' obligation to make Advances shall immediately terminate and terminate, the Obligations shall immediately become due and payablepayable and the Borrower shall be obligated to deposit forthwith with the Agent for the Lenders' benefit Collateral equal to the full principal amount at maturity of all L/Cs and Bankers' Acceptances then outstanding for its account.
Appears in 3 contracts
Sources: Credit Agreement (Norske Skog Canada LTD), Credit Agreement (Norske Skog Canada LTD), Credit Agreement (Norske Skog Canada LTD)
Acceleration and Termination of Rights. (a) Upon the occurrence of an Event of Default and at any time thereafter while an Event of Default is continuing, the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower:
(i) declare the Advances made to either of the Borrower Borrowers to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower Borrowers hereunder or under any other Loan Document) or declare such Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelled, whereupon the same shall be cancelled and the Commitment of each Lender shall be reduced to zero; and/or
(iii) exercise any or all of its rights, remedies or powers under or pursuant to the Loan Documents.
(b) If, pursuant to this Section 9.2, the Agent declares any Advances made to the Borrower Borrowers to be due and payable on demand, then, and at any time thereafter, the Agent may (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower Borrowers call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower Borrowers hereunder or under any other Loan Document and the provisions of Section 9.8 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item (a), if a Restricted Party becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangement, relief of debtors or creditor or the appointment of a receiver or trustee over any material part of its Property, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the Lenders, and without presentment, demand or protest, the Lenders' ’ obligation to make Advances shall immediately terminate and the Obligations shall immediately become due and payable.
Appears in 3 contracts
Sources: Credit Facility Agreement (HudBay Minerals Inc.), Credit Facility Agreement (HudBay Minerals Inc.), Credit Facility Agreement (HudBay Minerals Inc.)
Acceleration and Termination of Rights. (a) Upon the occurrence of an 8.2.1 If any Event of Default occurs, no Lender shall be under any further obligation to make Advances and at any time thereafter while an Event of Default is continuing, the Required Lenders may instruct the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) by written to give notice to the Borrower:
Borrowers (i) declare declaring the Advances made Lenders’ obligations to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such make Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelledterminated, whereupon the same shall forthwith terminate, (ii) declaring the Obligations or any of them to be cancelled forthwith due and payable, whereupon they shall become and be forthwith due and payable without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Commitment of each Lender shall be reduced to zero; and/or
Borrowers, and/or (iii) exercise any or all of its rights, remedies or powers under or pursuant demanding that the Borrowers deposit forthwith with the Agent for the Lenders’ benefit Cash Collateral equal to the Loan Documentsfull principal amount at maturity of all L/Cs and Bankers’ Acceptances then outstanding for its account.
(b) If, pursuant to this 8.2.2 Notwithstanding Section 9.2, the Agent declares any Advances made to the Borrower to be due and payable on demand, then, and at any time thereafter, the Agent may (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document and the provisions of Section 9.8 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item (a)8.2.1, if a Restricted Party becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangementarrangement, relief of debtors or creditor or the appointment of a receiver or trustee (or any other Person exercising similar functions) over any material part of its Property, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the Lenders, and without presentment, demand or protest, the Lenders' ’ obligation to make Advances shall immediately terminate and terminate, the Obligations shall immediately become due and payablepayable and the Borrowers shall be obligated to deposit forthwith with the Agent for the Lenders’ benefit Cash Collateral equal to the full principal amount at maturity of all L/Cs and Bankers’ Acceptances then outstanding for its account.
Appears in 3 contracts
Sources: Credit Agreement (ATS Corp /ATS), Third Amending Agreement (ATS Corp /ATS), Second Amending Agreement (ATS Corp /ATS)
Acceleration and Termination of Rights. (a) Upon the occurrence of an Event of Default and at any time thereafter while an Event of Default is continuing, the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) ), by written notice to the Borrower:
(i) declare the Advances made to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelled, whereupon the same shall be cancelled and the Commitment of each Lender shall be reduced to zero; and/or
(iii) exercise any or all of its rights, remedies or powers under or pursuant to the Loan Documents.
(b) If, pursuant to this Section 9.2, the Agent declares any Advances made to the Borrower to be due and payable on demand, then, and at any time thereafter, the Agent may (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document and the provisions of Section 9.8 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item subsection (a), if a Restricted Party becomes a bankrupt (voluntarily or involuntarilyan Event of Default under Section 9.1(e), 9.1(f), 9.1(g) or institutes any proceeding seeking liquidation, rearrangement, relief of debtors or creditor or the appointment of a receiver or trustee over any material part of its Property9.1(h) occurs and is continuing, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the LendersLenders (all of which are hereby expressly waived by the Borrower), and without presentment, demand or protestprotest (all of which are hereby expressly waived by the Borrower), the Lenders' obligation ’ obligations to make Advances shall immediately terminate and the Obligations shall immediately become due and payable.
Appears in 2 contracts
Sources: Credit Facility Agreement (Maverix Metals Inc.), Credit Agreement (Maverix Metals Inc.)
Acceleration and Termination of Rights. If any Event of Default occurs and is continuing, then:
(a) Upon in the occurrence case of an Event of Default described in Sections 8.1(j) or 8.1(k), all of the Lender’s obligations to make further Advances under the Credit Facility will, without further notice, act or formality, be automatically terminated and at any time thereafter while an Event all Amounts Outstanding and all Interest accrued thereon and all other amounts payable under this Credit Agreement in respect of Default is continuing, the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower:
(i) declare the Advances made to the Borrower to Credit facility will be immediately due and payable without presentation, demand, protest or further notice of any kind (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed except as required by law), all of which are hereby expressly waived by the Borrower hereunder or under any other Loan Document) or declare such Advances to be due and payable on demand of the AgentBorrower; and/or
(ii) declare that all of the Commitments shall be cancelled, whereupon the same shall be cancelled and the Commitment of each Lender shall be reduced to zero; and/or
(iii) exercise any or all of its rights, remedies or powers under or pursuant to the Loan Documents.and
(b) If, pursuant to this Section 9.2in the case of any other Event of Default, the Agent declares any Advances made to the Borrower to be due and payable on demandLender may, then, and at any time thereafter, the Agent may (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower call for repayment of such (i) terminate the Lender’s obligations to make further Advances on such date or dates as it may specify in such notice under the Credit Facility; and (whereupon ii) (at the same time or at any time after such termination) declare all Amounts Outstanding and all Interest accrued thereon and all other amounts payable under this Credit Agreement in respect of the Credit Facility to be immediately due and payable, without presentment, demand, protest or further notice of any kind (except as required by law), all of which are hereby expressly waived by the Borrower. In that event, the Security Documents shall become due immediately enforceable and payable on such date together with accrued interest thereon and the Lender may, in its sole discretion, exercise any other sums then owed right or recourse and/or proceed by any action, suit remedy or proceeding against the Borrower hereunder authorized or under any other Loan Document and permitted by law for the provisions recovery of Section 9.8 shall apply) all the indebtedness, obligations or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item (a), if a Restricted Party becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangement, relief liabilities of debtors or creditor or the appointment of a receiver or trustee over any material part of its Property, then without prejudice Borrower to the other Lender, and proceed to exercise any and all rights hereunder and under the Security Documents, and no such remedy for the enforcement of the rights of the Lenders as a result Lender shall be exclusive of, or dependent on, any other remedy, but anyone or more of any such event, without any notice remedies may from time to time be exercised independently or action of any kind by the Agent or the Lenders, and without presentment, demand or protest, the Lenders' obligation to make Advances shall immediately terminate and the Obligations shall immediately become due and payablein combination.
Appears in 1 contract
Acceleration and Termination of Rights. (a) Upon the occurrence of an Event of Default and at any time thereafter while an Event of Default is continuing, the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) ), by written notice to the Borrower:
(i) declare the Advances made to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelled, whereupon the same shall be cancelled and the Commitment of each Lender shall be reduced to zero; and/or
(iii) exercise any or all of its rights, remedies or powers under or pursuant to the Loan Documents.
(b) If, pursuant to this Section 9.2, the Agent declares any Advances made to the Borrower to be due and payable on demand, then, and at any time thereafter, the Agent may (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document and the provisions of Section 9.8 9.7 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item subsection (a), if a Restricted Party becomes a bankrupt (voluntarily or involuntarilyan Event of Default under Section 9.1(d), 9.1(e), 9.1(f) or institutes any proceeding seeking liquidation, rearrangement, relief of debtors or creditor or the appointment of a receiver or trustee over any material part of its Property9.1(g) occurs and is continuing, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the LendersLenders (all of which are hereby expressly waived by the Borrower), and without presentment, demand or protestprotest (all of which are hereby expressly waived by the Borrower), the Lenders' obligation ’ obligations to make Advances shall immediately terminate and the Obligations shall immediately become due and payable.
Appears in 1 contract
Sources: Credit Facility (Vox Royalty Corp.)
Acceleration and Termination of Rights. (a) Upon the occurrence of an Event of Default and at any time thereafter while an Event of Default is continuing, the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower:
(i) declare the Advances made to either of the Borrower Borrowers to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower Borrowers hereunder or under any other Loan Document) or declare such Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelled, whereupon the same shall be cancelled and the Commitment of each Lender shall be reduced to zero; and/or
(iii) exercise any or all of its rights, remedies or powers under or pursuant to the Loan Documents.
(b) If, pursuant to this Section 9.2, the Agent declares any Advances made to the Borrower Borrowers to be due and payable on demand, then, and at any time thereafter, the Agent may (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower Borrowers call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower Borrowers hereunder or under any other Loan Document and the provisions of Section 9.8 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item (a), if a Restricted Party becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangement, relief of debtors or creditor or the appointment of a receiver or trustee over any material part of its Property, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the Lenders, and without presentment, demand or protest, the Lenders' obligation to make Advances shall immediately terminate and the Obligations shall immediately become due and payable.
Appears in 1 contract
Acceleration and Termination of Rights. (a) Upon the occurrence of an If any Event of Default occurs, no Lender shall be under any further obligation to make Advances or to accept orders as Bankers' Acceptance and at any time thereafter while an Event of Default is continuing, the Required Lenders may instruct the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) by written to give notice to the Borrower:
Borrowers (i) declare declaring the Advances made Lenders' obligations to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such make Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelledterminated, whereupon the same shall forthwith terminate, (ii) declaring the Obligations or any of them to be cancelled forthwith due and payable, whereupon they shall become and be forthwith due and payable without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Commitment of each Lender shall be reduced to zero; and/or
Borrowers, and/or (iii) exercise any or all of its rights, remedies or powers under or pursuant demanding that each Borrower deposit forthwith with the Agent for the Lenders' benefit Cash Collateral equal to the Loan Documents.
(b) If, pursuant to this Section 9.2, full principal amount at maturity of all Bankers' Acceptances and L/Cs then outstanding for its account. Notwithstanding the Agent declares any Advances made to the Borrower to be due and payable on demand, then, and at any time thereafter, the Agent may (andpreceding clause, if so instructed by the Required Lenders, shall) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document and the provisions of Section 9.8 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item (a), if a Restricted Party an Obligor becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangement, relief of debtors or creditor or the appointment of a receiver or trustee over any material part of its Property, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the Lenders, and without presentment, demand or protest, the Lenders' obligation to make Advances shall immediately terminate and terminate, the Obligations shall immediately become due and payablepayable and each Borrower shall be obligated to deposit forthwith with the Agent for the Lenders' benefit Cash Collateral equal to the full principal amount at maturity of all Bankers' Acceptances and L/Cs then outstanding for its account.
Appears in 1 contract
Acceleration and Termination of Rights. (a) Upon During the occurrence continuance of an Event of Default Default, no Lender shall be under any further obligation to make Advances or to accept orders as Bankers' Acceptance and at any time thereafter while an Event of Default is continuing, the Majority Global Lenders may instruct the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) by written to give notice to the Borrower:
Borrower (i) declare declaring the Advances made Lenders' obligations to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such make Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelledterminated, whereupon the same shall forthwith terminate, (ii) declaring the Obligations or any of them to be cancelled forthwith due and payable, whereupon they shall become and be forthwith due and payable without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Commitment of each Lender shall be reduced to zero; and/or
Borrower, and/or (iii) exercise any or all of its rights, remedies or powers under or pursuant demanding that the Borrower deposit forthwith with the Agent for the Lenders' benefit Collateral equal to the Loan Documents.
(b) If, pursuant to this Section 9.2, full principal amount at maturity of all Bankers' Acceptances and L/Cs then outstanding for its account. Notwithstanding the Agent declares any Advances made to the Borrower to be due and payable on demand, then, and at any time thereafter, the Agent may (andpreceding paragraph, if so instructed by the Required Lenders, shallthere is an Event of Default under 9.1(e) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document and the provisions of Section 9.8 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item (a), if a Restricted Party becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangement, relief of debtors or creditor or the appointment of a receiver or trustee over any material part of its Propertyhereof, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the Lenders, and without presentment, demand or protest, the Lenders' obligation to make Advances shall immediately terminate and terminate, the Obligations shall immediately become due and payablepayable and the Borrower shall be obligated to deposit forthwith with the Agent for the Lenders' benefit Collateral equal to the full principal amount at maturity of all Bankers' Acceptances and L/Cs then outstanding for its account.
Appears in 1 contract
Acceleration and Termination of Rights. (a) Upon the occurrence of an Event of Default and at any time thereafter while an Event of Default is continuing, the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) ), by written notice to the Borrower:
(i) declare the Advances made to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelled, whereupon the same shall be cancelled and the Commitment of each Lender shall be reduced to zero; and/or
(iii) exercise any or all of its rights, remedies or powers under or pursuant to the Loan Documents.
(b) If, pursuant to this Section 9.2, the Agent declares any Advances made to the Borrower to be due and payable on demand, then, and at any time thereafter, the Agent may (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document and the provisions of Section 9.8 9.7 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item subsection (a), if a Restricted Party becomes a bankrupt (voluntarily or involuntarilyan Event of Default under Section 9.1(d), 9.1(e), 9.1(f) or institutes any proceeding seeking liquidation, rearrangement, relief of debtors or creditor or the appointment of a receiver or trustee over any material part of its Property9.1(g) occurs and is continuing, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the LendersLenders (all of which are hereby expressly waived by the Borrower), and without presentment, demand or protestprotest (all of which are hereby expressly waived by the Borrower), the Lenders' obligation obligations to make Advances shall immediately terminate and the Obligations shall immediately become due and payable.
Appears in 1 contract
Sources: Credit Agreement (Metalla Royalty & Streaming Ltd.)
Acceleration and Termination of Rights. (a) Upon the occurrence of an If any Event of Default and at any time thereafter while an Event of Default is continuingoccurs, the Agent may, in consultation with Lender shall not be under any further obligation to make Advances or to accept drafts or bills of exchange as Bankers' Acceptances or issue L/C's and the Lenders (and, if so instructed by the Required Lenders, shall) by written Lender may give notice to the Borrower:
Borrower (i) declare declaring the Advances made Lender's obligations to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such make Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelledterminated, whereupon the same shall forthwith terminate, (ii) declaring the Obligations or any of them to be cancelled forthwith due and payable, whereupon they shall become and be forthwith due and payable without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Commitment of each Lender shall be reduced to zero; and/or
Borrower, and/or (iii) exercise any or all of its rights, remedies or powers under or pursuant demanding that the Borrower deposit forthwith with the Lender for the Lender's benefit Collateral equal to the Loan Documents.
(b) Iffull principal amount at maturity of all Bankers' Acceptances and L/C's , pursuant to this Section 9.2then outstanding for the Borrower's account. Notwithstanding the preceding paragraph, the Agent declares any Advances made to if the Borrower to be due and payable on demand, then, and at any time thereafter, the Agent may (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document and the provisions of Section 9.8 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item (a), if a Restricted Party becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangement, monitorship relief of debtors or creditor creditors or the appointment of a receiver or trustee over any material part of its Property, then without prejudice to the other rights of the Lenders Lender as a result of any such event, without any notice or action of any kind by the Agent or the LendersLender, and without presentment, demand or protest, the Lenders' Lender's obligation to make Advances shall immediately terminate and terminate, the Obligations shall immediately become due and payablepayable and the Borrower shall be obligated to deposit forthwith with the Lender for the Lender's benefit Collateral equal to the full principal amount of maturity of all Banker's Acceptances and L/C's then outstanding for the Borrower's account.
Appears in 1 contract
Sources: Credit Agreement (Jpe Inc)
Acceleration and Termination of Rights. (a) Upon the occurrence of an If any Event of Default occurs, no Lender shall be under any further obligation to make Advances and at any time thereafter while an Event of Default is continuing, the Required Lenders may instruct the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) by written to give notice to the Borrower:
(i) declare Borrower declaring the Advances made Lenders' obligations to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such make Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelledterminated, whereupon the same shall be cancelled and forthwith terminate, declaring the Commitment Obligations or any of each Lender shall be reduced to zero; and/or
(iii) exercise any or all of its rights, remedies or powers under or pursuant to the Loan Documents.
(b) If, pursuant to this Section 9.2, the Agent declares any Advances made to the Borrower them to be forthwith due and payable, whereupon they shall become and be forthwith due and payable on without presentment, demand, thenprotest or further notice of any kind, and at any time thereafterall of which are hereby expressly waived by the Borrower, and/or demanding that the Borrower deposit forthwith with the Agent may (andfor the Lenders' benefit Cash Collateral equal to the full principal amount at maturity of all L/Cs and Bankers' Acceptances then outstanding for its account. Notwithstanding the preceding paragraph, if so instructed by the Required Lenders, shall) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document and the provisions of Section 9.8 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item (a), if a Restricted Party becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangement, relief of debtors or creditor or the appointment of a receiver or trustee over any material part of its Propertyproperty, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the Lenders, and without presentment, demand or protest, the Lenders' obligation to make Advances shall immediately terminate and terminate, the Obligations shall immediately become due and payablepayable and the Borrower shall be obligated to deposit forthwith with the Agent for the Lenders' benefit Cash Collateral equal to the full principal amount at maturity of all L/Cs and Bankers' Acceptances then outstanding for its account.
Appears in 1 contract
Sources: Revolving Term Credit Agreement (Rogers Communications Inc)
Acceleration and Termination of Rights. Pre-Acceleration Rights
(1) If any Event of Default occurs, no Lender shall be under any further obligation to make Advances and the Required Lenders may instruct the Agent to give notice to the Borrower (a) Upon declaring the occurrence of an Event of Default and at any time thereafter while an Event of Default is continuing, the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) by written notice ’ obligations to the Borrower:
(i) declare the Advances made to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such make Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelledterminated, whereupon the same shall be cancelled and the Commitment of each Lender shall be reduced to zero; and/or
(iii) exercise any or all of its rightsforthwith terminate, remedies or powers under or pursuant to the Loan Documents.
(b) If, pursuant to this Section 9.2, declaring the Agent declares Obligations or any Advances made to the Borrower of them to be forthwith due and payable, whereupon they shall become and be forthwith due and payable on without presentment, demand, thenprotest or further notice of any kind, and at any time thereafterall of which are hereby expressly waived by the Borrower, and/or (c) demanding that the Borrower deposit forthwith with the Agent may (and, if so instructed for the Lenders’ benefit Collateral equal Upon the occurrence of any event by which any of the Required Lenders, shall) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall Obligations become due and payable under Section 8.2, the Security shall become immediately enforceable and the Required Lenders may instruct the Agent to take such action or proceedings on such date together behalf of the Lenders and in compliance with accrued interest thereon and applicable laws as the Required Lenders in their sole discretion deem expedient to enforce the same, all without any additional notice, presentment, demand, protest or other sums then owed formality, all of which are hereby expressly waived by the Borrower hereunder or under any other Loan Document and Obligors. to the provisions full face amount at maturity of Section 9.8 shall apply) or withdraw all Banker’s Acceptances then outstanding for its declaration with effect from such date as it may specify in such noticeaccount.
(c2) Notwithstanding item (a)the preceding paragraph, if a Restricted Party any Obligor becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangementdissolution, arrangement, winding-up, relief of debtors or creditor from creditors or the appointment of a receiver or trustee over any material part of its Propertyproperty or analogous proceeding in any jurisdiction, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the Lendersany Lender, and without presentment, demand or protest, the Lenders' ’ obligation to make Advances shall immediately terminate and terminate, the Obligations shall immediately become due and payable.payable and the Borrower shall be obligated to deposit forthwith with the Agent for the Lenders’ benefit Collateral equal to the full face amount at maturity of all Banker’s Acceptances then outstanding for its account
Appears in 1 contract
Acceleration and Termination of Rights. (a) Upon the occurrence of an Event of Default and at any time thereafter while an Event of Default which is continuing, no Lender shall be under any further obligation to make Advances and the Majority Lenders may instruct the Agent may, in consultation with the Lenders (and, if so instructed by the Required Lenders, shall) by written to give notice to Maxxcom (whereupon the Borrower:
Agent shall give such notice), (i) declare declaring the Advances made Lenders' obligations to the Borrower to be immediately due and payable (whereupon the same shall become so payable together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document) or declare such make Advances to be due and payable on demand of the Agent; and/or
(ii) declare that all of the Commitments shall be cancelledterminated, whereupon the same shall forthwith terminate; (ii) declaring the Obligations or any of them to be cancelled forthwith due and payable, whereupon they shall become and be forthwith due and payable without presentment, demand, protest or further notice of any kind whatsoever to any Person (including, without limitation, any Restricted Party), all of which are hereby expressly waived by the Commitment of each Lender shall be reduced Restricted Parties which are party to zerothis Agreement to the fullest extent permitted by law; and/or
and/or (iii) exercise any or all of its rights, remedies or powers under or pursuant demanding that the Borrowers deposit forthwith with the Agent for the Lenders' benefit Collateral equal to the Loan Documentsaggregate of the face (or, if less, undrawn) amount of all outstanding L/Cs and the full principal amount at maturity of all Bankers' Acceptances then outstanding for the account of a Borrower.
(b) If, pursuant to this Notwithstanding Section 9.2, the Agent declares any Advances made to the Borrower to be due and payable on demand, then, and at any time thereafter, the Agent may (and, if so instructed by the Required Lenders, shall) by written notice to the Borrower call for repayment of such Advances on such date or dates as it may specify in such notice (whereupon the same shall become due and payable on such date together with accrued interest thereon and any other sums then owed by the Borrower hereunder or under any other Loan Document and the provisions of Section 9.8 shall apply) or withdraw its declaration with effect from such date as it may specify in such notice.
(c) Notwithstanding item (a8.2(a), if a any Restricted Party becomes a bankrupt (voluntarily or involuntarily), or institutes any proceeding seeking liquidation, rearrangement, relief of debtors or creditor or the appointment of a receiver or trustee over any material part of its PropertyProperty or any analogous proceeding in any relevant jurisdiction, then without prejudice to the other rights of the Lenders as a result of any such event, without any notice or action of any kind by the Agent or the Lenders, and without presentment, demand or protestprotest of any nature or kind, the Lenders' obligation to make Advances shall immediately terminate and terminate, the Obligations shall immediately become due and payablepayable and, to the extent permitted by law, the Borrowers shall be obligated to deposit forthwith with the Agent for the Lenders' benefit Collateral equal to the aggregate of the face amount of all outstanding L/Cs issued for the benefit of or at the request of the Borrowers or either of them and the full principal amount at maturity of all Bankers' Acceptances then outstanding for Maxxcom's account.
Appears in 1 contract
Sources: Credit Agreement (MDC Partners Inc)