Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 83 contracts
Sources: Third Amended and Restated Credit Agreement (Dayton Power & Light Co), Third Amended and Restated Credit Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Dayton Power & Light Co)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 29 contracts
Sources: Credit Agreement (Crocs, Inc.), Credit Agreement (RPM International Inc/De/), Fifth Amended and Restated Credit Agreement (Foster L B Co)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 23 contracts
Sources: Revolving Credit Agreement (Ii-Vi Inc), Credit Agreement (WESTMORELAND COAL Co), Revolving Credit Facility (Ii-Vi Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 17 contracts
Sources: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Black Box Corp)
Acknowledgment. The Each Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower the Borrowers upon demand by the Administrative Agent.
Appears in 10 contracts
Sources: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 4.4 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 8 contracts
Sources: Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Energy Co)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 2.13(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by the Applicable Administrative Agent.
Appears in 7 contracts
Sources: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 7 contracts
Sources: Credit Agreement (Covance Inc), Credit Agreement (Federated Investors Inc /Pa/), Credit Agreement (Rhino Resource Partners LP)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest referred to in this Section 3.03 shall be payable by Borrower the Borrowers upon demand by Administrative the Agent.
Appears in 6 contracts
Sources: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.
Appears in 6 contracts
Sources: Credit Agreement (Steel Partners Holdings L.P.), Credit Agreement (Healthcare Services Group Inc), Revolving Credit Agreement (Steel Partners Holdings L.P.)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agent.
Appears in 6 contracts
Sources: Credit Agreement (Aimco Properties L.P.), Credit Agreement (Handy & Harman Ltd.), Credit Agreement (Handy & Harman Ltd.)
Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.
Appears in 6 contracts
Sources: Fifth Amendment to Third Amended and Restated Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.), Term Loan Credit Agreement (Construction Partners, Inc.)
Acknowledgment. The Borrower acknowledges that the increase in rates rate referred to in this Section 4.3 3.3.1 [Default Rate] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 5 contracts
Sources: Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 5.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 5 contracts
Sources: Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.)
Acknowledgment. The Borrower Borrowers acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by the Administrative Agent.
Appears in 5 contracts
Sources: Credit Agreement (Glatfelter Corp), Credit Agreement (Glatfelter Corp), Credit Agreement (Glatfelter P H Co)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 5 contracts
Sources: Credit Agreement (Party City Corp), Credit Agreement (Champion Enterprises Inc), Credit Agreement (Blair Corp)
Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 5 contracts
Sources: Credit Agreement (Super Test Petroleum Inc), Credit Agreement (Kwik Fil Inc), Credit Agreement (Vulcan Asphalt Refining Corp)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 5 contracts
Sources: Credit Agreement (MSA Safety Inc), Credit Agreement (MSA Safety Inc), Revolving Credit Facility (Erie Indemnity Co)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Paying Agent.
Appears in 4 contracts
Sources: Credit Agreement (Consol Energy Inc), Revolving Credit Facility (Consol Energy Inc), Credit Agreement (Consol Energy Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 2.03(f) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentAgent or (if earlier) on the first Settlement Date occurring after such interest accrues.
Appears in 4 contracts
Sources: Receivables Financing Agreement (Xperi Inc.), Receivables Financing Agreement (Sabre Corp), Receivables Financing Agreement (Evoqua Water Technologies Corp.)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 4 contracts
Sources: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Term Loan Credit Agreement (New Jersey Resources Corp)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 4 contracts
Sources: Credit Agreement (Koppers Inc), Credit Agreement (KI Holdings Inc.), Credit Agreement (KPMG Consulting Inc)
Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 4 contracts
Sources: Revolving Credit Facility (Stoneridge Inc), Credit Agreement (Stoneridge Inc), Credit Agreement (Stoneridge Inc)
Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 4 contracts
Sources: Revolving Credit Facility (Finish Line Inc /In/), Revolving Credit Facility Credit Agreement (Finish Line Inc /In/), Revolving Credit Facility (Finish Line Inc /In/)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 4 contracts
Sources: Revolving Credit Facility (MSA Safety Inc), Revolving Credit Facility (MSA Safety Inc), Revolving Credit Facility (MSA Safety Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative the Agent.
Appears in 4 contracts
Sources: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 4 contracts
Sources: Credit Agreement (Bearingpoint Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Big Lots Inc)
Acknowledgment. The Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Revolving Credit Facility (Triumph Group Inc /), Credit Agreement (Suburban Lodges of America Inc), Credit Agreement (Triumph Group Inc /)
Acknowledgment. The Borrower acknowledges that the increase in rates rate referred to in this Section 4.3 3.3.1 (Default Rate) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Revolving Credit Facility (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Revolving Credit Facility (Penn Virginia Resource Partners L P), Revolving Credit Facility (Penn Virginia Resource Partners L P), Revolving Credit Facility (Penn Virginia Resource Partners L P)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Credit Agreement (Sun Hydraulics Corp), Revolving Credit Facility (Sun Hydraulics Corp), Revolving Credit Facility Agreement (Sun Hydraulics Corp)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative AgentLender.
Appears in 3 contracts
Sources: Credit Agreement (Park Electrochemical Corp), Revolving Credit Agreement (EPAM Systems, Inc.), Credit Agreement (Park Electrochemical Corp)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.02(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Majority Lenders or by the Administrative AgentAgent at the written direction of the Majority Lenders.
Appears in 3 contracts
Sources: Senior Secured Term Loan Credit Agreement (Eos Energy Enterprises, Inc.), Senior Secured Term Loan Credit Agreement (AST SpaceMobile, Inc.), Senior Secured Term Loan Credit Agreement (Soundhound Ai, Inc.)
Acknowledgment. The Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Credit Agreement (Triumph Group Inc /), Revolving Credit Facility (Triumph Group Inc /), Revolving Credit Facility (Triumph Group Inc /)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Revolving Credit Facility (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Credit Agreement (Helios Technologies, Inc.), Credit Agreement (Helios Technologies, Inc.), Credit Agreement (Helios Technologies, Inc.)
Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Revolving Credit Facility (Retail Ventures Inc), Revolving Credit Facility (DSW Inc.), Revolving Credit Facility (DSW Inc.)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Credit Agreement (Primesource Corp), Revolving Credit Facility (Primesource Corp), Revolving Credit Agreement (Tb Woods Corp)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans Loan or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Term Loan Agreement (Dayton Power & Light Co), Term Loan Agreement (Ipalco Enterprises, Inc.), Term Loan Agreement (Ipalco Enterprises, Inc.)
Acknowledgment. The Each Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Revolving Credit Facility (Triumph Group Inc), Revolving Credit Facility (Triumph Group Inc), Credit Agreement (Triumph Group Inc /)
Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.
Appears in 3 contracts
Sources: Credit Agreement (Cincinnati Financial Corp), Credit Agreement (Cincinnati Financial Corp), Credit Agreement (Cincinnati Financial Corp)
Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; , and all such increased interest shall be payable by each Borrower upon demand by Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Interface Security Systems, L.L.C.), Credit Agreement (Interface Security Systems Holdings Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Factset Research Systems Inc), Revolving Credit Facility (Factset Research Systems Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 4.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Freemarkets Inc), Revolving Credit Agreement (Freemarkets Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.; and
Appears in 2 contracts
Sources: Credit Agreement (Too, Inc.), Credit Agreement (Tween Brands, Inc.)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (CALGON CARBON Corp), Credit Agreement (Calgon Carbon Corporation)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.
Appears in 2 contracts
Sources: Receivables Financing Agreement (Sylvamo Corp), Receivables Financing Agreement (Sylvamo Corp)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Meridian Bioscience Inc), Credit Agreement (Meridian Bioscience Inc)
Acknowledgment. The Borrower acknowledges acknowledge that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Bank is entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by Administrative Agentthe Bank.
Appears in 2 contracts
Sources: Credit Agreement (Moog Inc.), Credit Agreement (Moog Inc.)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 2 contracts
Sources: Revolving Credit Facility (Allegheny Technologies Inc), Credit Agreement (Allegheny Technologies Inc)
Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest owing from the Borrowers shall be payable by Borrower Borrowers upon demand by the Administrative Agent.
Appears in 2 contracts
Sources: Revolving Credit Facility (Big Lots Inc), Credit Agreement (Big Lots Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all . All such interest shall be payable by the Borrower upon demand by Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentAdministrator.
Appears in 2 contracts
Sources: Receivables Financing Agreement (Worthington Industries Inc), Receivables Financing Agreement (Worthington Industries Inc)
Acknowledgment. The Borrower Borrowers acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative the Agent.
Appears in 2 contracts
Sources: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)
Acknowledgment. The Each Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by such Borrower upon demand by Administrative the Agent.
Appears in 2 contracts
Sources: Revolving Credit Facility Credit Agreement (Brady Corp), Revolving Credit Facility (Brady Corp)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Designer Brands Inc.), Revolving Credit Agreement (DSW Inc.)
Acknowledgment. The the Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 2 contracts
Sources: Revolving Credit Facility (Big Lots Inc), Credit Agreement (Big Lots Inc)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.. The Administrative Agent will notify the Borrowers if the rate of interest is increased pursuant to this Section 4.3. 4.4
Appears in 2 contracts
Sources: Credit Agreement (DLH Holdings Corp.), Credit Agreement (DLH Holdings Corp.)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Covance Inc), Credit Agreement (Covance Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Integrated Alarm Services Group Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Bank is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentBank.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (New Jersey Resources Corp)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by the Required Lenders to the Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 0 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Orius Corp)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans the Loan or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 2.05 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Receivables Financing Agreement (Alliance Resource Partners Lp)
Acknowledgment. The Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; , and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03(a) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Receivables Financing Agreement (NuStar Energy L.P.)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative AgentLender.
Appears in 1 contract
Sources: Credit Agreement (Grubb & Ellis Co)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.02(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by the Majority Lenders or by the Administrative AgentAgent at the written direction of the Majority Lenders.
Appears in 1 contract
Sources: Senior Secured First Lien Term Loan Credit Agreement (Clean Energy Fuels Corp.)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agenton each Payment Date.
Appears in 1 contract
Sources: Revolving Credit Agreement (Superior Well Services, INC)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Revolving Credit Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Pegasystems Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.2 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such riskrisk in the form as set forth in this Section 3.2 [Interest After Default]; and all such interest shall be payable by Borrower upon demand by Administrative Agentthe Lender.
Appears in 1 contract
Sources: Credit Agreement (Erie Indemnity Co)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Interest After Default] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Senior Multi Currency Revolving Credit Facility (Viasys Healthcare Inc)
Acknowledgment. The Borrower acknowledges acknowledge that the increase in rates referred to in this Section 4.3 3.2 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Bank is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agentthe Bank.
Appears in 1 contract
Sources: Credit Agreement (Moog Inc.)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Revolving Credit Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (CastleRock Security Holdings, Inc.)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 2.05(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Receivables Financing Agreement (Alliance Resource Partners Lp)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.02(c) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.)
Acknowledgment. The the Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges acknowledge that the increase in rates referred to in this Section 4.3 2.06 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.Agent or (if earlier) on the first Settlement Date occurring after such interest accrues. 40762333169 19631658 762333169 19631658 ARTICLE III [RESERVED] ARTICLE IV
Appears in 1 contract
Sources: Receivables Financing Agreement (Compass Minerals International Inc)
Acknowledgment. The Each Borrower acknowledges that the increase in such increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and and, all such interest shall be payable by Borrower the Borrowers upon demand by the Administrative Agent.. NAI-▇▇▇▇▇▇▇▇▇▇v6
Appears in 1 contract
Sources: Credit Agreement (Triumph Group Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest referred to in this Section 3.03 shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Ace LTD)
Acknowledgment. The Borrower acknowledges that the increase in increased rates referred to in this Section 4.3 reflects3.3 reflect, among other things, the fact that such Revolving Credit Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all . All such interest shall be payable by Borrower upon demand by the Administrative Agent.
Appears in 1 contract
Sources: Revolving Credit Facility (Consolidated Stores Corp /De/)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.02(b) reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; , and all such interest shall be payable by the Borrower upon demand by the Majority Lenders or by the Administrative AgentAgent at the written direction of the Majority Lenders.
Appears in 1 contract
Sources: Senior Secured First Lien Term Loan Credit Agreement (Clean Energy Fuels Corp.)
Acknowledgment. The Borrower acknowledges that the increase in rates rate referred to in this Section 4.3 3.3.1 (Default Rate) reflects, among other things, the fact that such Term Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 4.4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.02(c) reflects, among other things, the fact that such Loans or other 755287315 21689858 amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 [Acknowledgment] reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Excelsior Lasalle Property Fund Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.. 50
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Chesapeake Utilities Corp)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in increased rates referred to in this Section 4.3 reflectsreflect, among other things, the fact that such the Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all . All such interest payable by a Borrower shall be payable paid by Borrower it upon demand by Administrative the Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agent.
Appears in 1 contract
Sources: Convertible Revolving Credit Facility (Ptek Holdings Inc)
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 4.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative Agentthe Required Lenders or by the Agent at the written direction of the Required Lenders.
Appears in 1 contract
Sources: Credit Agreement (Arch Coal Inc)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 3.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are Lender is entitled to additional compensation for such risk; and all such interest shall be payable by Borrower Borrowers upon demand by Administrative AgentLender.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 4.03 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders are entitled to additional compensation for such risk; and all such interest shall be payable by the Borrower upon demand by the Administrative Agent.
Appears in 1 contract
Sources: Revolving Credit Facility (Meridian Bioscience Inc)
Acknowledgment. The Borrower acknowledges Borrowers acknowledge that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional CREDIT AGREEMENT compensation for such risk; and all such interest shall be payable by Borrower the Borrowers upon demand by Administrative Agent.
Appears in 1 contract
Acknowledgment. The Borrower acknowledges that the increase in rates referred to in this Section 4.3 reflects, among other things, the fact that such Loans or other amounts have become a substantially greater risk given their default status and that the Lenders Banks are entitled to additional compensation for such risk; and all such interest shall be payable by Borrower upon demand by Administrative the Agent.
Appears in 1 contract
Sources: Credit Agreement (Grubb & Ellis Co)