Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 165 contracts
Sources: Credit Agreement (Legence Corp.), Credit Agreement (Legence Corp.), First Amendment to Credit Agreement (Portillo's Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 38 contracts
Sources: Credit Agreement (Regency Energy Partners LP), Credit Agreement (CPI International Holding Corp.), Credit Agreement (Norcraft Companies, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 36 contracts
Sources: Credit Agreement (Uniti Group Inc.), Credit Agreement (CONDUENT Inc), Credit Agreement (Trinseo PLC)
Remedies. The Subsidiary Guarantors jointly and severally agree that, as between the Subsidiary Guarantors and the Lenders, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 11 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0211) for purposes of Section 11.01, 13.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Subsidiary Guarantors for purposes of Section 11.0113.01.
Appears in 29 contracts
Sources: Term Loan Agreement (Decipher Biosciences, Inc.), Term Loan Agreement, Term Loan Agreement (Decipher Biosciences, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 22 contracts
Sources: Credit Agreement (Harry & David Holdings, Inc.), Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)
Remedies. The Subject to the terms of any applicable Intercreditor Agreement, the Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 21 contracts
Sources: Credit Agreement (Cvent Holding Corp.), Credit Agreement (Blend Labs, Inc.), Credit Agreement (Dragoneer Growth Opportunities Corp. II)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.01, 3.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.013.01.
Appears in 20 contracts
Sources: Incremental Loan Amendment (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 17 contracts
Sources: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 17 contracts
Sources: Additional Facility Joinder Agreement (Liberty Latin America Ltd.), Amendment Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.02(a) (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.02(a)) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 14 contracts
Sources: Credit Agreement (Nielsen Holdings PLC), Credit Agreement (Nielsen Holdings PLC), Credit Agreement (Nielsen Holdings PLC)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 12 contracts
Sources: Credit Agreement (Novelis Inc.), Credit Agreement (Loar Holdings Inc.), Credit Agreement (Loar Holdings Inc.)
Remedies. The Guarantors jointly and severally agree Guarantor agrees that, as between the Guarantors Guarantor and the Lenders, the obligations of the any Approved Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VII hereof (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VII) for purposes of Section 11.01, 9.01 hereof notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Approved Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the such Approved Borrower) shall forthwith become due and payable by the Guarantors Guarantor for purposes of such Section 11.019.01.
Appears in 12 contracts
Sources: Five Year Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp)
Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the each Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 9 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.029) for purposes of Section 11.018.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 9 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the any Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.018.1.
Appears in 12 contracts
Sources: Credit Agreement (Emerald Holding, Inc.), Credit Agreement (Clarivate PLC), Incremental and Refinancing Amendment (Powerschool Holdings, Inc.)
Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.01, 3.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the any Borrower) shall forthwith become due and payable by the Guarantors such Guarantor for purposes of Section 11.013.01.
Appears in 12 contracts
Sources: Second Amendment (1 800 Flowers Com Inc), First Amendment (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.1 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.1) for purposes of Section 11.0110.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.1.
Appears in 11 contracts
Sources: Credit Agreement (Davita Inc.), Credit Agreement (Tivity Health, Inc.), Credit Agreement (Davita Inc.)
Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, hereunder may be declared to be forthwith due and payable as provided in Section 8.02 8.1 or Section 2.4(i), as applicable (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.1 or Section 2.4(i), as applicable) for purposes of Section 11.01, 3.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors such Guarantor for purposes of Section 11.013.1.
Appears in 11 contracts
Sources: Credit Agreement (Lbi Media Holdings Inc), Credit Agreement (Lbi Media Holdings Inc), Credit Agreement (Affinity Group Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 10 contracts
Sources: Credit Agreement (HC2 Holdings, Inc.), Credit Agreement (HC2 Holdings, Inc.), Credit Agreement (Internap Network Services Corp)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Co-Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Co-Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Co-Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 9 contracts
Sources: Refinancing Amendment to Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0210) for purposes of Section 11.01, 13.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0113.1.
Appears in 9 contracts
Sources: Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (AerCap Holdings N.V.)
Remedies. The Subsidiary Guarantors jointly and severally agree that, as between the Subsidiary Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Subsidiary Guarantors for purposes of Section 11.017.01.
Appears in 9 contracts
Sources: Credit Agreement (CSG Systems International Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc), Credit Agreement (CSG Systems International Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and the Lenders, on the other hand, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article 10) for purposes of Section 11.01, 11.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 8 contracts
Sources: Credit Agreement (Exagen Inc.), Fifth Amendment to Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and the Lenders, on the other hand, the obligations of the Borrower Borrowers under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article 10) for purposes of Section 11.01, 11.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 8 contracts
Sources: Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article XI (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article XI) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 7 contracts
Sources: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the NotesNotes issued hereunder, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 7 contracts
Sources: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Term Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 7 contracts
Sources: Term Loan Credit Agreement (Prestige Consumer Healthcare Inc.), Term Loan Credit Agreement (Prestige Consumer Healthcare Inc.), Term Loan Credit Agreement (Prestige Brands Holdings, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section Section 8.02) for purposes of Section Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section Section 11.01.
Appears in 6 contracts
Sources: Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (Alight, Inc. / Delaware)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the any Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 6 contracts
Sources: Credit Agreement (International Seaways, Inc.), Credit Agreement (Layne Christensen Co), Credit Agreement (Layne Christensen Co)
Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors such Guarantor and the Lenders, the obligations of the any Borrower under this the Credit Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VII of the Credit Agreement (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VII) for purposes of Section 11.01, 2.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the any Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.012.01.
Appears in 6 contracts
Sources: 364 Day Revolving Credit Agreement (KKR & Co. Inc.), 364 Day Revolving Credit Agreement (KKR & Co. Inc.), Revolving Credit Agreement (KKR & Co. Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the either Borrower under this Agreement and Agreement, the Notespromissory notes, if any, and any other agreement or instrument referred to herein or therein may be declared to be forthwith due and payable as provided in Section 8.02 Article VII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VII) for purposes of Section 11.0110.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the applicable Guarantors for purposes of Section 11.0110.01.
Appears in 6 contracts
Sources: Credit Agreement (Telesat Holdings Inc.), Credit Agreement (Telesat Holdings Inc.), Credit Agreement (Telesat Holdings Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the NotesTerm Notes issued hereunder, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 6 contracts
Sources: Credit Agreement (Yellow Corp), Term Loan Credit Agreement (YRC Worldwide Inc.), Term Loan Credit Agreement (YRC Worldwide Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.0110.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) Borrower shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.01.
Appears in 6 contracts
Sources: Credit Agreement (United Parks & Resorts Inc.), Credit Agreement (United Parks & Resorts Inc.), Credit Agreement (United Parks & Resorts Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 11 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0211) for purposes of Section 11.01, 13.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0113.01.
Appears in 6 contracts
Sources: Term Loan Agreement (Valeritas Holdings Inc.), Term Loan Agreement (Valeritas Holdings Inc.), Term Loan Agreement (Valeritas Holdings Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 7.2 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.027.2) for purposes of Section 11.0111.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0111.1.
Appears in 5 contracts
Sources: Forbearance Agreement and Eleventh Amendment to Loan Agreement (Volta Inc.), Term Loan, Guarantee and Security Agreement (EVmo, Inc.), Term Loan, Guarantee and Security Agreement (Volta Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations Obligations of the Borrower under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 5 contracts
Sources: Senior Secured Term Loan Credit Agreement (Internap Corp), Second Out Term Loan Credit Agreement (Internap Corp), Senior Secured Debtor in Possession Credit Agreement (Internap Corp)
Remedies. The Guarantors Each Guarantor hereby jointly and severally agree agrees that, as between the Guarantors each Guarantor and the Lenders, the obligations of the Borrower under this Agreement and the NotesAgreement, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 hereof (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.01this Guaranty, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors each Guarantor for purposes of Section 11.01this Guaranty.
Appears in 5 contracts
Sources: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations Obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 5 contracts
Sources: Credit Agreement, Credit Agreement (Meredith Corp), Credit Agreement (Time Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 5 contracts
Sources: Credit Agreement (Basic Energy Services Inc), Revolving Credit Agreement (Lenox Group Inc), Credit Agreement (Bearingpoint Inc)
Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.
Appears in 5 contracts
Sources: Credit Agreement (Navios South American Logistics Inc.), Credit Agreement (Navios Maritime Partners L.P.), Credit Agreement (Navios Maritime Midstream Partners LP)
Remedies. The Subsidiary Guarantors jointly and severally agree that, as between the Subsidiary Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0210) for purposes of Section 11.01, 6.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Subsidiary Guarantors for purposes of Section 11.016.01.
Appears in 5 contracts
Sources: Credit Agreement (International Telecommunication Data Systems Inc), Credit Agreement (Premier Parks Inc), Credit Agreement (Premier Parks Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this the Credit Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 the Credit Agreement (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02therein) for purposes of Section 11.01, 2.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.012.01.
Appears in 4 contracts
Sources: Credit Agreement (Thryv Holdings, Inc.), Guarantee and Collateral Agreement (Thryv Holdings, Inc.), Guarantee and Collateral Agreement (Thryv Holdings, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 10.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0210.02) for purposes of Section 11.0113.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0113.01.
Appears in 4 contracts
Sources: Credit Agreement (NPC Restaurant Holdings, LLC), Credit Agreement (NPC Restaurant Holdings, LLC), Credit Agreement (NPC Restaurant Holdings, LLC)
Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the Lenders, the obligations of the each Borrower under this Agreement and the US Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 12.03 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0212.03) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the such Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the such Borrower) shall forthwith become due and payable by the Guarantors each Guarantor for purposes of Section 11.01.
Appears in 4 contracts
Sources: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.01, 6.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.016.01.
Appears in 4 contracts
Sources: Credit Agreement (Atrium Companies Inc), Credit Agreement (Atrium Companies Inc), Credit Agreement (Atrium Companies Inc)
Remedies. The Subject to the terms of the Intercreditor Agreement, the Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 4 contracts
Sources: Second Lien Credit Agreement (Thompson Creek Metals CO Inc.), First Lien Credit Agreement (Thompson Creek Metals CO Inc.), Second Lien Credit Agreement (Regency Energy Partners LP)
Remedies. The Guarantors jointly and severally agree Guarantor agrees that, as between the Guarantors Guarantor and the Lenders, the obligations of the any Approved Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VII) for purposes of Section 11.01, 4.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Approved Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the such Approved Borrower) shall forthwith become due and payable by the Guarantors Guarantor for purposes of said Section 11.014.01.
Appears in 4 contracts
Sources: Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 4 contracts
Sources: Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp)
Remedies. The Subject to the terms of the Intercreditor Agreement, the Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 4 contracts
Sources: Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc), Credit Agreement (LNT Leasing II, LLC)
Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the Lenders, the obligations of the any Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 11.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0211.01) for purposes of Section 11.0115.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the any Borrower) shall forthwith become due and payable by the Guarantors such Guarantor for purposes of Section 11.0115.01.
Appears in 4 contracts
Sources: Abl Credit Agreement (J.Jill, Inc.), Abl Credit Agreement (J.Jill, Inc.), Abl Credit Agreement (J.Jill, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the either Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the either Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the either Borrower) shall forthwith become due and payable by the applicable Guarantors for purposes of Section 11.017.01.
Appears in 4 contracts
Sources: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of this Section 11.017.
Appears in 4 contracts
Sources: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)
Remedies. The Guarantors jointly and severally (except to the extent otherwise limited in accordance with applicable Requirements of Law as described in Annex III attached hereto) agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 4 contracts
Sources: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)
Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.018.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such relevant obligations shall become due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.
Appears in 4 contracts
Sources: Amendment No. 3 (JELD-WEN Holding, Inc.), Amendment No. 2 (JELD-WEN Holding, Inc.), Revolving Credit Agreement (JELD-WEN Holding, Inc.)
Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the LendersSecured Parties, the obligations of the Borrower any Obligor under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 therein (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02therein) for purposes of paragraph (a) of this Section 11.019.14, notwithstanding any bar, stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower such Obligor, and that, in the event of such declaration (or such obligations being deemed to have become becoming automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors such Guarantor for purposes of said paragraph (a) of this Section 11.019.14.
Appears in 4 contracts
Sources: Amendment (SPRINT Corp), Incremental Facility Amendment (SPRINT Corp), Incremental Facility Amendment (SPRINT Corp)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the any Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 7.2 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.027.2) for purposes of Section 11.0111.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the a Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the such Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0111.1.
Appears in 3 contracts
Sources: Credit Agreement (Astronics Corp), Credit Agreement (Astronics Corp), Credit Agreement (Astronics Corp)
Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the LendersNoteholders, the obligations of the Borrower under this Agreement and the Notes, if any, hereunder may be declared to be forthwith due and payable as provided in Section 8.02 8.1 or Section 2.4(i), as applicable (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.1 or Section 2.4(i), as applicable) for purposes of Section 11.01, 3.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors such Guarantor for purposes of Section 11.013.1.
Appears in 3 contracts
Sources: Senior Secured Floating Rate Note Purchase Agreement (Affinity Group Holding Inc), Senior Secured Floating Rate Note Purchase Agreement (Affinity Group Inc), Senior Secured Floating Rate Note Purchase Agreement (Affinity Group Holding, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations Obligations of the Borrower under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations Obligations being deemed to have become automatically due and payable), such obligations Obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 3 contracts
Sources: First Lien Credit Agreement (SolarWinds Corp), First Lien Credit Agreement (SolarWinds Corp), Second Lien Credit Agreement (SolarWinds Corp)
Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the BorrowerCompany) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.
Appears in 3 contracts
Sources: Credit Agreement, Credit Agreement (TMS International Corp.), Credit Agreement (TMS International Corp.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and Purchaser Agent and the LendersPurchasers, on the other hand, the obligations of Issuer under the Borrower under Notes, this Agreement and under the Notes, if any, other Note Documents may be declared to be forthwith due and payable as provided in Section 8.02 9.1 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.029.1) for purposes of Section 11.01, 12.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Issuer and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerIssuer) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0112.1.
Appears in 3 contracts
Sources: Note Purchase Agreement (BillionToOne, Inc.), Note Purchase Agreement (Verastem, Inc.), Note Purchase Agreement (ClearPoint Neuro, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 3 contracts
Sources: Credit Agreement (Genco Shipping & Trading LTD), Credit Agreement (International Seaways, Inc.), Credit Agreement (Five Below, Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) in connection with the proceeding referenced in Section 8.01(g) or (h) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 3 contracts
Sources: Credit Agreement (Stockbridge/Sbe Investment Company, LLC), Credit Agreement (Stockbridge/Sbe Investment Company, LLC), Credit Agreement (Revel Entertainment Group, LLC)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 7.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.027.01) for purposes of Section 11.0110.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.01.
Appears in 3 contracts
Sources: Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 7.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.027.02) for purposes of Section 11.019.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.019.01.
Appears in 3 contracts
Sources: Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower Borrowers under this the Credit Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VII of the Credit Agreement (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02clause (h) or (i) of said Article VII) for purposes of Section 11.01, the guarantee hereunder notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations obligations' being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01hereof.
Appears in 3 contracts
Sources: Subsidiary Guarantee Agreement (Drew Industries Incorporated), Subsidiary Guarantee Agreement (Drew Industries Inc), Subsidiary Guarantee Agreement (Drew Industries Incorporated)
Remedies. The Guarantors jointly and severally agree that, as -------- between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, any Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 hereof (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.01, 6.01 hereof notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of said Section 11.016.01.
Appears in 3 contracts
Sources: Credit Agreement (Applied Business Telecommunications), Credit Agreement (Advanstar Inc), Credit Agreement (Advanstar Holdings Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 7.02(a) (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.027.02(a)) for purposes of Section 11.0110.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.01.
Appears in 3 contracts
Sources: Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen CO B.V.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and the Lenders, on the other hand, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0210) for purposes of Section 11.01, 11.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 3 contracts
Sources: Credit Agreement (Molecular Templates, Inc.), Credit Agreement (Zymeworks Inc.), Credit Agreement (Zymeworks Inc.)
Remedies. The Guarantors jointly and severally agree that, to the fullest extent permitted by law, as between the Guarantors Guarantors, on the one hand, and the LendersLender, on the other hand, the obligations of the Borrower under this Agreement and the Notes, if any, Obligations may be declared to be forthwith due and payable as provided in Section 8.02 10.1 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0210.1) for purposes of Section 11.01, 4.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations preventing the Obligations from becoming automatically due and payable) as against the Borrower any other Person and that, in the event of such declaration (or such obligations the Obligations being deemed to have become automatically due and payable), such obligations the Obligations (whether or not due and payable by the Borrowerany other Person) shall forthwith become due and payable by the Guarantors for purposes of Section 11.014.1. The Guarantors acknowledge and agree that their Obligations hereunder are secured in accordance with the terms of this Agreement and the other Loan Documents and that the Lender may exercise their remedies thereunder in accordance with the terms hereof and thereof.
Appears in 3 contracts
Sources: Loan, Guaranty and Security Agreement (Hut 8 Corp.), Loan, Guaranty and Security Agreement (Hut 8 Corp.), Loan, Guaranty and Security Agreement (Gryphon Digital Mining, Inc.)
Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the Company Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.
Appears in 3 contracts
Sources: Amendment No. 4 (JELD-WEN Holding, Inc.), Amendment No. 5 (JELD-WEN Holding, Inc.), Amendment No. 3 (JELD-WEN Holding, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 3 contracts
Sources: Credit Agreement (Hercules Offshore, Inc.), First Lien Credit Agreement (Global Geophysical Services Inc), Second Lien Credit Agreement (Global Geophysical Services Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower and PR Borrower under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.016.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower or PR Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower or PR Borrower, as applicable) shall forthwith become due and payable by the Guarantors for purposes of Section 11.016.01.
Appears in 3 contracts
Sources: Credit Agreement (Centennial Cellular Corp), Reaffirmation Agreement (Centennial Communications Corp /De), Credit Agreement (Centennial Communications Corp /De)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower BorrowerBorrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower BorrowerBorrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 2 contracts
Sources: Credit Agreement (Playa Hotels & Resorts N.V.), Credit Agreement (Hilton Grand Vacations Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.016.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.016.01.
Appears in 2 contracts
Sources: Credit Agreement (Nassau Broadcasting Corp), Credit Agreement (Imagistics International Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, Note may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.01, 7.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.
Appears in 2 contracts
Sources: Senior Secured Revolving Credit Facility Agreement (OSG America L.P.), Senior Secured Revolving Credit Facility Agreement (OSG America L.P.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersCreditor, the obligations of the any Borrower under this Agreement and the Notes, if any, Notes may be declared to be forthwith promptly due and payable as provided in Section 8.02 Article 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) Article 8) for purposes of Section 11.019.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith promptly become due and payable by the Guarantors for purposes of Section 11.019.1.
Appears in 2 contracts
Sources: Credit Agreement (Bombardier Recreational Products Inc.), Credit Agreement (BRP (Luxembourg) 4 S.a.r.l.)
Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the each Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the Tower Borrower and/or the Company Borrower, as applicable) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (JELD-WEN Holding, Inc.), Amendment No. 1 (JELD-WEN Holding, Inc.)
Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between such Guarantor on the Guarantors one hand and the LendersLenders and the Administrative Agent on the other hand, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) Article 8) for purposes of Section 11.01, 7.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors such Guarantor for purposes of Section 11.017.01.
Appears in 2 contracts
Sources: Bridge Loan Agreement (Newell Brands Inc), Term Loan Credit Agreement (Newell Rubbermaid Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and Administrative Agent (on behalf of the LendersSecured Parties), on the other hand, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 11 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0211) for purposes of Section 11.01, 12.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0112.01.
Appears in 2 contracts
Sources: Senior Secured Convertible Credit Agreement (Kadmon Holdings, LLC), Senior Secured Convertible Credit Agreement (Kadmon Holdings, LLC)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of this Section 11.017.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower Issuer under this the Note Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Paragraph 7A of the Note Agreement (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02clause (viii), (ix) or (x) of said Paragraph 7A) for purposes of Section 11.01, the guarantee hereunder notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Issuer and that, in the event of such declaration (or such obligations obligations’ being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerIssuer) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01hereof.
Appears in 2 contracts
Sources: Subsidiary Guarantee Agreement (DREW INDUSTRIES Inc), Subsidiary Guarantee Agreement (Drew Industries Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article XI (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article XI) for purposes of Section 11.01, 5.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.015.01.
Appears in 2 contracts
Sources: Credit Agreement (Brookfield Infrastructure Partners L.P.), Credit Agreement (Brookfield Infrastructure Partners L.P.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Parent Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Parent Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 2 contracts
Sources: Credit Agreement (Change Healthcare Holdings, Inc.), Credit Agreement (TC3 Health, Inc.)
Remedies. The Guarantors jointly and severally agree that, -------- as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 8.0210) for purposes of Section 11.01, 6.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.016.01.
Appears in 2 contracts
Sources: Credit Agreement (Tuesday Morning Corp/De), Senior Subordinated Credit Agreement (Princess Beverly Coal Holding Co Inc)
Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 9 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.029) for purposes of Section 11.018.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the any Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 9 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.018.1.
Appears in 2 contracts
Sources: Credit Agreement (Emerald Holding, Inc.), Credit Agreement (Emerald Expositions Events, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.0110.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.01.
Appears in 2 contracts
Sources: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)
Remedies. The Unlimited Guarantors jointly and severally agree agree, and the Limited Guarantors jointly but not severally agree, that, as between the Guarantors and the LendersLender, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.1 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.1) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Gsi Commerce Inc), Stock Purchase Agreement (Gsi Commerce Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.2 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.2) for purposes of Section 11.0111.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0111.1.
Appears in 2 contracts
Sources: Loan Agreement (Vivint Solar, Inc.), Loan Agreement (Vivint Solar, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 2 contracts
Sources: Credit Agreement (Broder Bros., Co.), Credit Agreement (Broder Bros Co)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersLender, the obligations of the Borrower under this Agreement and the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02Article VIII) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.01.
Appears in 2 contracts
Sources: Credit Agreement (Kemet Corp), Credit Agreement (Kemet Corp)
Remedies. The Guarantors jointly and severally agree Each Guarantor agrees that, as between the Guarantors such Guarantor and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors each Guarantor for purposes of Section 11.017.01.
Appears in 2 contracts
Sources: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersLender, the obligations of the Borrower under this Agreement and the Notes, if any, other Financing Agreements may be declared to be forthwith due and payable as provided in Section 8.02 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0210) for purposes of Section 11.0111.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0111.1.
Appears in 2 contracts
Sources: Loan and Security Agreement (Five Below, Inc), Loan and Security Agreement (Five Below, Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors Guarantors, on one hand, and Lenders, on the Lendersother hand, the obligations of the Borrower under this Agreement and under the Notes, if any, other Loan Documents may be declared to be forthwith due and payable as provided in Section 8.02 11 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.0211) for purposes of Section 11.01, 12.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0112.01.
Appears in 2 contracts
Sources: Credit Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this the Credit Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII of the Credit Agreement (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.01, 2.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of said Section 11.012.01.
Appears in 2 contracts
Sources: Credit Agreement (Nextel Communications Inc), Credit Agreement (Nextel Communications Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersLenders and the Issuing Banks, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, Notes may be declared to be forthwith due and payable as provided in Section 8.02 Article VI (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02said Article VI) for purposes of Section 11.01, 8.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the relevant Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the relevant Borrower) shall forthwith become due and payable by the Guarantors for purposes of said Section 11.018.01.
Appears in 2 contracts
Sources: Credit Agreement (Terra Industries Inc), Credit Agreement (Terra Industries Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersBeneficiaries, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8.01 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01) for purposes of Section 11.017.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of this Section 11.017.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersSecured Parties, the obligations of the Borrower under this Agreement and the Notes, if any, Loan Agreements may be declared to be forthwith due and payable as provided in Section 8.02 Article VIII of the respective Loan Agreements (and shall be deemed to have become automatically due and payable in Restricted Company Guarantee and Security Agreement the circumstances provided in Section 8.02said Article VIII) for purposes of Section 11.01, 2.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of said Section 11.012.01.
Appears in 2 contracts
Sources: Credit Agreement (Nextel Communications Inc), Credit Agreement (Nextel Communications Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersLender, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01.
Appears in 2 contracts
Sources: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower Borrowers under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) for purposes of Section 11.0110.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Borrowers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerBorrowers) shall forthwith become due and payable by the Guarantors for purposes of Section 11.0110.01.
Appears in 2 contracts
Sources: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)
Remedies. The Guarantors Each Guarantor jointly and severally agree agrees that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 8 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) 8) for purposes of Section 11.017.1, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower or any Guarantor and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable, or the circumstances occurring where Section 8 provides that such obligations shall become due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.017.1.
Appears in 2 contracts
Sources: Credit Agreement (Mueller Water Products, Inc.), Term Loan Credit Agreement (Mueller Water Products, Inc.)
Remedies. The Guarantors Guarantors, jointly and severally severally, agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the NotesObligations, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.028.01 of the Credit Agreement) for purposes of Section 11.011, notwithstanding not-withstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.011.
Appears in 2 contracts
Sources: Guaranty Agreement (Gentiva Health Services Inc), Guaranty Agreement (Gentiva Health Services Inc)
Remedies. The Guarantors jointly and severally agree that, as between the Guarantors and the LendersHolders, the obligations of the Borrower Issuer under this Agreement and the Notes, if any, Indenture may be declared to be forthwith due and payable as provided in Section 8.02 Article 10 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02) Article 10), for purposes of Section 11.01, 5.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower Issuer, and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the BorrowerIssuer) shall forthwith become due and payable by the Guarantors for purposes of Section 11.015.1.
Appears in 2 contracts
Sources: Indenture (NRG Energy Inc), Indenture (Somerset Power LLC)