Termination by Borrower. Upon at least three (3) days' prior written notice to Agent and Lenders, Borrowers may, at their option, terminate this Agreement; provided, however, no such termination shall be effective until Borrowers have paid all of the Obligations in immediately available funds and all Letters of Credit and LC Guaranties have expired, terminated or have been cash collateralized to Agent's satisfaction and Borrowers have complied with Section 2.6 and subsection 3.2.5. Any notice of termination given by VEI, on behalf of all Borrowers, shall be irrevocable unless Majority Lenders and Agent otherwise agree in writing, and Agent and Lenders shall have no obligation to make any Loans or issue or procure any Letters of Credit or LC Guaranties on or after the termination date stated in such notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.
Appears in 2 contracts
Sources: Loan and Security Agreement (Velocity Express Corp), Loan and Security Agreement (Velocity Express Corp)
Termination by Borrower. Upon at least three (3) days' 90 days prior written notice to Agent and Lenders, Borrowers Borrower may, at their its option, on its own behalf and on behalf of each other Co-Borrower, terminate this Agreement; provided, however, no such termination shall be effective until Co-Borrowers have paid or collateralized to Agent’s satisfaction all of the Obligations in immediately available funds and funds, all Letters of Credit and LC Guaranties have expired, terminated or have been cash collateralized to Agent's ’s satisfaction and Co-Borrowers have complied with Section 2.6 and subsection 3.2.5. Any notice of termination given by VEI, on behalf of all Borrowers, Borrower shall be irrevocable unless Majority all Lenders and Agent otherwise agree in writing, writing and Agent and Lenders no Lender shall have no any obligation to make any Loans or issue or procure any Letters of Credit or LC Guaranties on or after the termination date stated in such notice. Borrowers Borrower may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.
Appears in 2 contracts
Sources: Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc)
Termination by Borrower. Upon at least three (3) days' 60 days prior written notice to Agent and LendersAdministrative Agent, Borrowers Borrower may, at their its option, terminate this AgreementAgreement without penalty or premium (other than as may be required by the provisions of Section 2.4); provided, however, that no such termination shall be effective until Borrowers have Borrower has paid all of the Obligations in immediately available funds and all Letters Letter of Credit and LC Guaranties Accommodations have expired, terminated expired or have been cash collateralized to Administrative Agent's satisfaction and Borrowers have complied with Section 2.6 and subsection 3.2.5satisfaction. Any notice of termination given by VEI, on behalf of all Borrowers, Borrower shall be irrevocable unless Majority the Required Lenders and Agent otherwise agree in writing, and Agent and Lenders the Lender Group shall have no obligation to make any Loans or issue or procure any Letters Letter of Credit or LC Guaranties Accommodations on or after the termination date stated in such notice. Borrowers Borrower may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.
l. The first paragraph of Section 7.1 of the Agreement hereby is amended and restated in its entirety to read as follows:
Appears in 1 contract
Sources: Loan and Security Agreement (Questron Technology Inc)
Termination by Borrower. Upon at least three (3) days' 90 days prior written notice to Agent and Lenders, Borrowers Borrower may, at their its option, on its own behalf and on behalf of each other Co-Borrower, terminate this Agreement; provided, however, however no such termination shall be effective until Co-Borrowers have paid or collateralized to Agent’s satisfaction all of the Obligations in immediately available funds and funds, all Letters of Credit and LC Guaranties have expired, terminated or have been cash collateralized to Agent's ’s satisfaction and Co-Borrowers have complied with Section 2.6 and subsection 3.2.5. Any notice of termination given by VEI, on behalf of all Borrowers, Borrower shall be irrevocable unless Majority all Lenders and Agent otherwise agree in writing, writing and Agent and Lenders no Lender shall have no any obligation to make any Loans or issue or procure any Letters of Credit or LC Guaranties on or after the termination date stated in such notice. Borrowers Borrower may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.
Appears in 1 contract
Termination by Borrower. Upon at least three thirty (330) days' days prior written notice to Agent and LendersAgent, Borrowers Borrower may, at their its option, terminate this Agreement; provided, however, no such termination shall be effective until Borrowers have Borrower has paid all of all monetary Obligations arising hereunder or under any of the Obligations other Loan Documents (other than contingent claims with respect to indemnification obligations) in immediately available funds and all Letters of Credit and LC Guaranties have expired, terminated expired or have been cash collateralized or back-to-back letters of credit have been provided to Agent's satisfaction and Borrowers have complied with Section 2.6 and subsection 3.2.5’s satisfaction. Any notice of termination given by VEI, on behalf of all Borrowers, Borrower shall be irrevocable unless Majority Required Lenders and Agent otherwise agree in writing, and Agent and Lenders shall have no obligation to make any Loans or issue or procure any Letters of Credit or LC Guaranties on or after the termination date stated in such notice. Borrowers Borrower may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.
Appears in 1 contract
Sources: Loan and Security Agreement (Home Products International Inc)
Termination by Borrower. Upon at least three (3) days' 90 days prior written notice to Agent and Lenders, Borrowers may, at their option, terminate this Agreement; provided, however, no such termination shall be effective until Borrowers have paid or collateralized to Agent's satisfaction all of the Obligations in immediately available funds and funds, all Letters of Credit and LC Guaranties have expired, terminated or have been cash collateralized to Agent's satisfaction and Borrowers have complied with Section 2.6 Sections 2.3(ii) and subsection 3.2.52.7. Any notice of termination given by VEI, on behalf of all Borrowers, Borrowers shall be irrevocable unless Majority all Lenders and Agent otherwise agree in writing, and Agent and Lenders . No Lender shall have no any obligation to make any Loans or issue or procure any Letters of Credit or LC Guaranties on or after the termination date stated in such notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.
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