Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 60 contracts
Sources: Credit Agreement (QuidelOrtho Corp), Credit Agreement (Halozyme Therapeutics, Inc.), Credit Agreement (Halozyme Therapeutics, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 37 contracts
Sources: Credit Agreement (TopBuild Corp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (TopBuild Corp)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 27 contracts
Sources: Credit Agreement (Christopher & Banks Corp), Credit Agreement (Lovesac Co), Credit Agreement (Hamilton Beach Brands Holding Co)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 19 contracts
Sources: Second Amendment to Credit Agreement (Houlihan Lokey, Inc.), Credit Agreement (DocGo Inc.), Credit Agreement (Corsair Gaming, Inc.)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, other Obligation or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document, and such failure under this clause (ii) continues for five (5) Business Days after the payment was due; or
Appears in 12 contracts
Sources: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Asset Based Revolving Credit Agreement (Nextier Oilfield Solutions Inc.)
Non-Payment. The Any Borrower or any other Loan Party fails to pay in the currency required hereunder (i) pay when due and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C ObligationsLoan, or (ii) pay within three days five Business Days after the same becomes duedue and payable, any interest on any Loan or on any L/C Obligation, any L/C Obligation or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under with respect to any other Loan Document; or
Appears in 11 contracts
Sources: Credit Agreement (Axalta Coating Systems Ltd.), Credit Agreement (Axalta Coating Systems Ltd.), Credit Agreement (Axalta Coating Systems Ltd.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 10 contracts
Sources: First Incremental Facility Amendment (McGrath Rentcorp), Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 10 contracts
Sources: Credit Agreement (Entravision Communications Corp), Credit Agreement (Entravision Communications Corp), Credit Agreement (Entercom Communications Corp)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 9 contracts
Sources: Credit Agreement (International Money Express, Inc.), Credit Agreement (American Midstream Partners, LP), Credit Agreement (American Midstream Partners, LP)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 9 contracts
Sources: Credit Agreement (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 9 contracts
Sources: Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.)
Non-Payment. The Borrower or any other Any Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 8 contracts
Sources: Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Rite Aid Corp)
Non-Payment. The Borrower or any other Any Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation (whether upon demand at maturity, by reason of acceleration or otherwise) or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days three Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 8 contracts
Sources: Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C LC Obligation or (including by deposit any of funds as Cash Collateral in respect of L/C LC Obligations), or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C LC Obligation, or any fee due hereunder, or (iii) pay within five days three (3) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 8 contracts
Sources: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Inc), Credit Agreement (Barnes & Noble Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan, Swingline Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five days after the same becomes due, any interest on any Loan, Swingline Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 7 contracts
Sources: Revolving Credit Agreement (PBF Logistics LP), Revolving Credit Agreement (PBF Energy Co LLC), Revolving Credit Agreement (PBF Energy Inc.)
Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 7 contracts
Sources: Credit Agreement (Radiant Logistics, Inc), Credit Agreement (Chase Corp), Credit Agreement (Resources Connection Inc)
Non-Payment. The Borrower or any other Any Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 7 contracts
Sources: Credit Agreement (Tilray Brands, Inc.), Credit Agreement (Tilray Brands, Inc.), Credit Agreement (I3 Verticals, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 7 contracts
Sources: Credit Agreement (Sylvamo Corp), Credit Agreement (Kbr, Inc.), Credit Agreement (Sylvamo Corp)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to pay (i) pay when and as required to be paid hereinpaid, any amount of principal of of, any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) days after the same becomes is due, any amount of interest due on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 7 contracts
Sources: Credit Agreement (Lands' End, Inc.), Credit Agreement (Lands' End, Inc.), Credit Agreement (Lands' End, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as fund or Cash Collateral in respect of L/C Obligations, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any Commitment Fee or other fee due hereunder, or (iii) pay within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 7 contracts
Sources: Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five 10 days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 7 contracts
Sources: Syndicated Facility Agreement (Aecom), Credit Agreement (Aecom), Credit Agreement (Aecom)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 6 contracts
Sources: Credit Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable due hereunder or under any other Loan Document,; or
Appears in 6 contracts
Sources: Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) to pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) to pay within three days after the same becomes due, any amount of interest on any Loan or on any L/C Obligation, or pay any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocuments within three (3) Business Days of when due; or
Appears in 6 contracts
Sources: Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C ObligationsObligations or Swing Line Loans, or (ii) pay within three days five Business Days after the same becomes due, any interest on any Loan or on any L/C ObligationObligation or Swing Line Loan, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 6 contracts
Sources: Amendment and Restatement Agreement (Valvoline Inc), Amendment and Restatement Agreement (Valvoline Inc), Credit Agreement (Ashland Global Holdings Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee or other amount due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 6 contracts
Sources: Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp)
Non-Payment. The Borrower or any other Loan Party fails to (i) fails to pay when and as required to be paid herein, herein any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral reimbursement obligation in respect of L/C Obligations, any LC Disbursement or to deposit when and as required to be deposited herein any cash collateral amount due pursuant to Section 2.06(j) or (ii) fails to pay within three five days after the same becomes due, any interest on any Loan or on any L/C ObligationLC Disbursement, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Sources: Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Sources: Third Amendment and Restatement Agreement (Targa Resources Partners LP), Second Amendment and Restatement Agreement (Targa Resources Partners LP), Credit Agreement (Targa Resources Partners LP)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Sources: Credit Agreement (Del Taco Restaurants, Inc.), Credit Agreement (Biomarin Pharmaceutical Inc), Credit Agreement (Biomarin Pharmaceutical Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or Loan, Swingline Loan, any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five days after the same becomes due, any interest on any Loan, Swingline Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Sources: Credit Agreement (Antero Midstream Corp), Credit Agreement (Antero Midstream Partners LP), Credit Agreement (Antero Midstream Partners LP)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Borrowing or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Sources: Credit Agreement (Braemar Hotels & Resorts Inc.), Credit Agreement (Braemar Hotels & Resorts Inc.), Credit Agreement (Ashford Hospitality Prime, Inc.)
Non-Payment. The Borrower Borrowers or any other Loan Party fails fail to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Sources: Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Sources: Credit Agreement (Arris Group Inc), Credit Agreement (Arris Group Inc), Credit Agreement (Arris Group Inc)
Non-Payment. The Borrower or any other Any Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation (whether upon demand at maturity, by reason of acceleration or otherwise) or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five three (3) days after written notice from the Administrative Agent that the same becomes was not paid when due, any other amount payable hereunder or under any other Loan Document; or
Appears in 5 contracts
Sources: Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C ObligationsObligations when and as required to be paid, or (ii) pay within three days after the same becomes dueany interest, any interest on any Loan fee or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document, in each case of this clause (ii) within three Business Days after any such interest or other amount becomes due; or
Appears in 5 contracts
Sources: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, which failure continues for three Business Days, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document, which failure continues for three Business Days; or
Appears in 5 contracts
Sources: Credit Agreement (Foot Locker, Inc.), Credit Agreement (Foot Locker, Inc.), Credit Agreement (Foot Locker, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; oror (b)
Appears in 4 contracts
Sources: Credit Agreement (Harmonic Inc), Credit Agreement (Encore Wire Corp), Credit Agreement (Houlihan Lokey, Inc.)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (GENTHERM Inc), Credit Agreement (GENTHERM Inc), Credit Agreement (GENTHERM Inc)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid hereinpaid, (i) any amount of principal of of, any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, Obligation or any fee due hereunderhereunder which failure continues for three (3) Business Days, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocument which failure continues for five (5) Business Days; or
Appears in 4 contracts
Sources: Credit Agreement (LL Flooring Holdings, Inc.), Credit Agreement (Lumber Liquidators Holdings, Inc.), Credit Agreement (Lumber Liquidators Holdings, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Nuvasive Inc), Credit Agreement (Nuvasive Inc), Credit Agreement (Nuvasive Inc)
Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Smith & Wesson Brands, Inc.), Credit Agreement (Smith & Wesson Brands, Inc.), Credit Agreement (Smith & Wesson Brands, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five (5) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Paycom Software, Inc.), Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)
Non-Payment. The Borrower or any other Loan Party fails fail to pay (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Fourth Amendment to Amended and Restated Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any commitment or other fee due hereunder, or (iii) pay within with five days Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty Trust, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three five days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any Facility Fee or other fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (F&G Annuities & Life, Inc.), Credit Agreement (F&G Annuities & Life, Inc.), Credit Agreement (Fidelity National Financial, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Corporate Property Associates 16 Global Inc), Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc)
Non-Payment. The Any Co-Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Borrowing or deposit any funds as Cash Collateral in respect of L/C ObligationsCollateral, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Marlin Midstream Partners, LP), Credit Agreement (Marlin Midstream Partners, LP), Credit Agreement (Marlin Midstream Partners, LP)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as to Cash Collateral in respect of Collateralize L/C Obligations, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Destination Maternity Corp), Credit Agreement (Destination Maternity Corp), Credit Agreement (Destination Maternity Corp)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days four Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (ASGN Inc), Credit Agreement (On Assignment Inc), Credit Agreement (On Assignment Inc)
Non-Payment. The Parent Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Nabors Industries LTD), Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)
Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Radiant Logistics, Inc), Credit Agreement (Resources Connection, Inc.), Credit Agreement (Movado Group Inc)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C ObligationsObligations when and as required to be paid, or (ii) pay within three days after the same becomes dueany interest, any interest on any Loan fee or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document, in each case within five Business Days after any such interest or other amount becomes due; or
Appears in 4 contracts
Sources: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five three days after notice from the same becomes dueAdministrative Agent, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Dennys Corp), Credit Agreement (Dennys Corp), Credit Agreement (Dennys Corp)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, Obligations or (ii) pay within three days five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, hereunder or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Wendy's Co), Credit Agreement (Wendy's Restaurants, LLC), Credit Agreement (DineEquity, Inc)
Non-Payment. The Borrower Company or any other Loan Party fails to (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Ceco Environmental Corp), Credit Agreement (Ceco Environmental Corp), Credit Agreement (Ceco Environmental Corp)
Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 4 contracts
Sources: Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (Zeta Global Holdings Corp.), Credit Agreement (Zeta Global Holdings Corp.), Credit Agreement (Zeta Global Holdings Corp.)
Non-Payment. The Either Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (International Money Express, Inc.), Credit Agreement (International Money Express, Inc.), First Lien Credit Agreement (Prospect Medical Holdings Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five 5 days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Amendment No. 2 and Reaffirmation of Collateral Documents (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation amount required to be paid and/or Cash Collateralized pursuant to Section 2.05(b)(x) or deposit any funds as Cash Collateral in respect of L/C ObligationsSection 2.05(b)(v), or (ii) pay within three days five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, any L/C Obligation or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under with respect to any other Loan Document; or
Appears in 3 contracts
Sources: First Lien Credit Agreement (Evoqua Water Technologies Corp.), First Lien Credit Agreement (Evoqua Water Technologies Corp.), First Lien Credit Agreement (Evoqua Water Technologies Corp.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect consisting of L/C Obligationsreimbursement of draws under a Letter of Credit, or (ii) pay within three days five (5) Business Days after the same becomes due, due any interest on any Loan or on any L/C Obligation, Obligation or any fee due hereunder, or (iii) pay within five days (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (Clearway Energy, Inc.), Credit Agreement (NRG Yield, Inc.), Credit Agreement (NRG Yield, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) to pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (Restoration Hardware Holdings Inc), Credit Agreement (Restoration Hardware Holdings Inc), Credit Agreement (Restoration Hardware Holdings Inc)
Non-Payment. The Borrower Company or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, Obligations or (ii) pay within three five days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Abl Credit Agreement (Ciena Corp), Abl Credit Agreement (Ciena Corp), Abl Credit Agreement
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five seven days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)
Non-Payment. The Any Borrower or any other Loan Party fails to pay, in the currency required hereunder, (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of on any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or hereunder within three (iii3) pay within five days Business Days after the same becomes due, or (iii) any other amount (excluding Other Liabilities) payable hereunder or under any other Loan DocumentDocument within five (5) Business Days after the due date thereof; or
Appears in 3 contracts
Sources: Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral cash collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Asset Based Revolving Credit Agreement (Container Store Group, Inc.), Transaction Support Agreement (Container Store Group, Inc.), Senior Secured Superpriority Debtor in Possession Asset Based Revolving Credit Agreement (Container Store Group, Inc.)
Non-Payment. The Borrower or any other Any Loan Party fails shall fail to (i) pay when and as required to be paid herein, any amount of principal of any Loan Advance or any L/C Obligation reimbursement obligation under any Letter of Credit when the same becomes due and payable, and in the currency required hereunder or deposit any funds as shall fail to Cash Collateral in respect Collateralize the Outstanding Amount of L/C Obligations, Obligations in the amounts and at the times required pursuant to Section 2.04; or (ii) shall fail to pay within three days after the same becomes due, any interest on any Loan or on any L/C ObligationAdvance, fees or any fee due hereunder, other amounts hereunder or (iii) pay under any other Loan Document within five days after the same becomes due, any other amount become due and payable hereunder or under any other Loan Documentby it; or
Appears in 3 contracts
Sources: Fourth Amended and Restated Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Gap Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, :
(i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or ,
(ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or which failure continues for three (3) Business Days, or
(iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or, which failure continues for three (3) Business Days.
Appears in 3 contracts
Sources: Credit Agreement (Macy's, Inc.), Credit Agreement (Macy's, Inc.), Credit Agreement (Macy's, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Revolving Credit Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Revolving Credit Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (American Residential Properties, Inc.), Credit Agreement (American Residential Properties, Inc.), Credit Agreement (American Residential Properties, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Revolving Loan or any L/C LC Obligation or deposit any funds as Cash Collateral in respect of L/C LC Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Revolving Loan or on any L/C LC Obligation, or any fee due hereunder, or (iii) pay within five days Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Ratification and Amendment Agreement (Cenveo, Inc), Credit Agreement (Cenveo, Inc), Credit Agreement (Cenveo, Inc)
Non-Payment. The Any Borrower or any other Loan Party fails to (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (C&J Energy Services Ltd.), Credit Agreement (C&J Energy Services Ltd.), Credit Agreement (C&J Energy Services Ltd.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.), Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.), Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Secured Superpriority Debtor in Possession Credit Agreement (Monitronics International Inc), Credit Agreement (Ascent Capital Group, Inc.), Credit Agreement (Ascent Capital Group, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C ObligationsObligation, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, hereunder or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocument or deposit any funds as Cash Collateral in respect of L/C Obligations; or
Appears in 3 contracts
Sources: Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (Health Management Associates Inc), Credit Agreement (Health Management Associates Inc), Credit Agreement (Health Management Associates Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (Monotype Imaging Holdings Inc.), Credit Agreement (Andeavor Logistics Lp), Credit Agreement (Plantronics Inc /Ca/)
Non-Payment. The Either Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Amendment and Restatement Agreement (CrossAmerica Partners LP), Credit Agreement, Credit Agreement (CrossAmerica Partners LP)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (Powell Industries Inc), Credit Agreement (Powell Industries Inc), Credit Agreement (Powell Industries Inc)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation reimbursement obligation in respect of any Letter of Credit or deposit any funds as Cash Collateral cash collateral in respect of L/C Obligationsany LC Exposure, or (ii) pay within three five (5) days after the same becomes due, any interest on any Loan or on any L/C ObligationLC Exposure, or any fee due hereunder, or (iii) pay within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (Paycom Software, Inc.), Credit Agreement (Paycom Software, Inc.), Credit Agreement (Paycom Software, Inc.)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 3 contracts
Sources: Credit Agreement (CSI Compressco LP), Credit Agreement (Tetra Technologies Inc), Credit Agreement (Compressco Partners, L.P.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C ObligationsObligation, or (ii) pay within three days Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, Obligation or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocument within five Business Days after (x) written request therefor or (y) in the case of reimbursement of expenses, receipt of invoice therefor, or (iv) deposit any funds as Cash Collateral in respect of L/C Obligations when required; or
Appears in 3 contracts
Sources: Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee within two (2) Business Days after the date when due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocument within five (5) Business Days after the date when due hereunder; or
Appears in 3 contracts
Sources: Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Dicks Sporting Goods Inc)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan Loan, or any L/C Obligation or reimbursement obligation in respect of any Letter of Credit Disbursement, (ii) deposit any funds as Cash Collateral in respect of L/C Obligationsas and when required, or (iiiii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under with respect to any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (Radioshack Corp), Credit Agreement (Radioshack Corp)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (Nu Skin Enterprises, Inc.), Credit Agreement (Nu Skin Enterprises Inc)
Non-Payment. The Borrower or any other Loan Party fails to (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five three days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (Gentiva Health Services Inc), Credit Agreement (Gentiva Health Services Inc)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid herein, (i) any amount of principal of any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan DocumentDocument within three (3) Business Days after the same becomes due; or
Appears in 2 contracts
Sources: Credit Agreement (Cost Plus Inc/Ca/), Credit Agreement (Cost Plus Inc/Ca/)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral reimbursement obligation in respect of L/C Obligationsany LC Disbursement, or (ii) pay within three days five (5) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligationobligation in respect of any LC Disbursement, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (O Reilly Automotive Inc), Credit Agreement (O Reilly Automotive Inc)
Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral reimbursement obligation in respect of L/C Obligationsany LC Disbursement (except to the extent expected to be reimbursed with the making of Revolving Loans pursuant to Section 2.04(e)(i)), or (ii) pay within three days ten Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under with respect to any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (Vestis Corp), Credit Agreement (Vestis Corp)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of or interest on any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three two (2) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Sources: Loan Agreement (Akumin Inc.), Credit Agreement (Akumin Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any commitment or other fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (Team Inc), Credit Agreement (Team Inc)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid hereinherein and in the currency required hereunder, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days (3) Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days (5) Business Days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (Raven Industries Inc), Credit Agreement (Raven Industries Inc)
Non-Payment. The Borrower Company or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five (5) days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (Ufp Technologies Inc), Credit Agreement (Ufp Technologies Inc)
Non-Payment. The Borrower Borrowers or any other Loan Party fails to (i) pay when and as required to be paid hereinpaid, (i) any amount of principal of of, any Loan or any L/C Obligation Obligation, or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three (3) days after the same becomes is due, any amount of interest due on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (Sears Hometown & Outlet Stores, Inc.), Credit Agreement (Sears Hometown & Outlet Stores, Inc.)
Non-Payment. The Any Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (Saltchuk Resources, Inc.), Credit Agreement (American Residential Properties, Inc.)
Non-Payment. The Borrower or any other Loan Party fails to pay (i) pay when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation or deposit when and as required to be deposited herein, any funds as Cash Collateral in respect of L/C Obligations, or (ii) pay within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) pay within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or
Appears in 2 contracts
Sources: Credit Agreement (Carriage Services Inc), Credit Agreement (Carriage Services Inc)