Absence of Event of Default. No event has occurred and is continuing that, had the Securities been issued, would (whether or not with the giving of notice and/or the passage of time and/or the fulfillment of any other requirement) constitute an Event of Default (as defined in the Indenture) under the Indenture.
Absence of Event of Default. No Event of Default or Default shall have then occurred and be continuing.
Absence of Event of Default. No Event of Default has occurred and is continuing at the time of the effectiveness of the Amendment or immediately after giving effect thereto.
Absence of Event of Default. No Event of Default and no Potential Event of Default shall have occurred and be continuing or shall exist;
Absence of Event of Default. After giving effect to this Amendment, no Event of Default will exist or will be continuing.
Absence of Event of Default. No Default or Event of Default shall exist, and Borrower shall have delivered to EIF a certificate signed on Borrower's behalf by its President or other appropriate officer dated as of the Funding Date to such effect.
Absence of Event of Default. No Event of Default (as defined in Article VIII hereof) has occurred and is continuing, and no event has occurred and is continuing which with notice or the passage of time or both would constitute an Event of Default hereunder, which has not been cured to the satisfaction of Bank.
Absence of Event of Default. An Event of Default or an event or circumstance which, with notice, the passage of time or both, may become and Event of Default, shall not exist under the Facility Lease Agreement or any other document between Landlord and Tenant and their respective affiliates.
Absence of Event of Default. There shall exist no Event of Default as herein defined.
Absence of Event of Default. Unless waived in writing by the holders of at least a majority of the principal of Notes purchased or agreed to be purchased pursuant to this Agreement, (i) no Event of Default (as defined in Section 1.3 of the Note, except that the sixty (60) day period of Section 1.3(c) shall not apply and for these purposes any such involuntary petition or appointment defined therein shall constitute an Event of Default for these purposes) shall have occurred and be continuing, and (ii) no Event of Default (as defined in the Loan and Security Agreement, dated as of August 22, 2014, among the Company, Oxford Finance LLC, in its capacity as Collateral Agent, and the Lenders listed on Schedule 1.1 thereto (the “Loan Agreement”)) shall have occurred and be continuing.
