Acceleration Right Sample Clauses
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Acceleration Right. (a) Promptly after the occurrence of an Event of Default, the Companies shall deliver written notice thereof via email, facsimile and overnight courier (an “Event of Default Notice”) to the Agent and the Holders. At any time after the earlier of the Agent’s and the Holders’ receipt of an Event of Default Notice and the Agent and the Holders becoming aware of an Event of Default, the Required Holders may require the Companies to redeem all or any portion of the Notes (an “Event of Default Redemption”) by delivering written notice thereof (the “Event of Default Redemption Notice”) to the Companies, which Event of Default Redemption Notice shall indicate the portion of the Notes that the Required Holders are requiring the Companies to redeem; provided, that upon the occurrence of any default or Event of Default described in Section 10.1(c) or Section 10.1(d), the Notes shall automatically, and without any action on behalf of the Agent or any Holder, be redeemed by the Companies. All Notes subject to redemption by the Companies pursuant to this Section 10.2 shall be redeemed by the Companies at a price equal to the outstanding principal amount of the Notes, plus the Yield Maintenance Premium, plus accrued and unpaid Interest and accrued and unpaid Late Charges (the “Event of Default Redemption Price”). Upon the delivery of an Event of Default Redemption Notice and upon the occurrence of any default or Event of Default described in Section 10.1(c) or Section 10.1(d), the agreement of the Buyers or Holders, as applicable, to purchase additional Notes under this Agreement and make readvances with respect to Revolving Notes shall terminate.
(b) Upon an Event of Default Redemption, the Companies shall deliver the applicable Event of Default Redemption Price to the Holders within five (5) Business Days after the Companies’ receipt of the Event of Default Redemption Notice. In the event of a redemption of less than all of the principal of the Notes, the Companies shall promptly cause to be issued and delivered to the Holders new Notes (in accordance with Section 2.7) representing the outstanding principal which has not been redeemed.
Acceleration Right. If any Event of Default shall occur, then or at any time thereafter, while such Event of default shall continue, Creditor may declare all Obligations to be due and payable, without notice, protest, presentment or demand, all of which are hereby expressly waived by Debtor.
Acceleration Right. The Purchased Asset Documents for such Senior Mortgage Loan contain provisions for the acceleration of the payment of the unpaid principal balance of such Senior Mortgage Loan if, without complying with the requirements of the related Purchased Asset Documents, (a) the related Underlying Mortgaged Property, or any controlling interest in the related Mortgagor, is directly transferred or sold in a mortgagor, issuance of non-controlling new equity interests, transfers among existing members, partners or shareholders in such Mortgagor or an Affiliate thereof, transfers among affiliated Mortgagors with respect to such Senior Mortgage Loan which are cross-collateralised or cross-defaulted with other mortgage loans or multi-property loans or transfers of a similar nature (such as pledges of ownership interests that do not result in a change of control) or a substitution or release of collateral), or (b) the related Underlying Mortgaged Property or controlling interest in the borrower is encumbered in connection with subordinate financing by a Lien against the related Underlying Mortgaged Property, other than any existing permitted additional debt or debt otherwise permitted in the Purchased Asset Documents. The Purchased Asset Documents for such Senior Mortgage Loan require the borrower to pay all reasonable costs incurred by the Mortgagor with respect to any transfer, assumption or encumbrance requiring lender’s approval.
Acceleration Right. Notwithstanding any other provision in this Warrant, at any time after the Initial Exercise Date, if the VWAP of the issued and outstanding Common Shares is greater than US$4.38 per Common Share for a period of thirty (30) consecutive calendar days (an “Acceleration Event”), the Company shall be entitled, at its sole option, to accelerate the Termination Date (the “Acceleration Right”) by providing an acceleration notice (the “Acceleration Notice”) to the Holder. An Acceleration Notice shall be deemed to have been provided to each Holder upon dissemination of a press release by the Company announcing the occurrence of the Acceleration Event and the Company’s exercise of the Acceleration Right. Upon such notice, the Termination Date shall be deemed to be the date that is twenty-one (21) days following the date of the Acceleration Notice.
Acceleration Right. In the event of any material breach or default under this Agreement by Buyer with respect to its deferred Purchase Price payment obligations under Section 2.3 hereof, Myer shall be entitled, upon written notice to Buyer, to accelerate such payment obligations of Buyer and to be paid the full amount of such accelerated payment obligations at that time; provided, however, that for purposes hereof a breach or default shall not be deemed to have occurred unless it is so determined in accordance with the arbitration provisions of this Agreement.
Acceleration Right. In the event that the Borrower raises USD 5 million (Five Million US Dollars) or more in capital, the Lender shall have the right to demand immediate repayment of the entire loan amount provided under this agreement. Such demand shall be made in writing and the Borrower shall repay the full outstanding loan amount within 45 business days of receipt of such written demand.
Acceleration Right. If this Agreement is terminated by the Carrier pursuant to Section 6.3, or by Shipper pursuant to Section 9.2, the Carrier shall, in good faith and in a commercially reasonable manner, determine the Acceleration Payment resulting from the termination of this Agreement. The Carrier shall give the Shipper written notice of the amount of the Acceleration Payment, stating in reasonable detail how such amount was calculated. The Carrier shall issue an invoice and Shipper shall pay such invoice within thirty (30) days of receipt of invoice. The Parties acknowledge and agree that the Acceleration Payment is a reasonable pre-estimate of the loss suffered by the Carrier in the event of termination of this Agreement, and is not a penalty. Carrier shall make reasonable efforts to re- contract the volume associated with the Acceleration Payment to another shipper. If volumes are re-contracted the Shipper shall be relieved of the obligation to pay the Acceleration Payment, to the extent of the value of the re-contracted volumes. If at the time the Carrier re-contracts the volumes the Shipper has already paid some or all of the Acceleration Payment, the Carrier shall refund to Shipper the difference between the amount paid and the value of the re-contracted volumes. The Acceleration Payment is not subject to deduction or abatement for any reason, except and only to the extent that Carrier is able to successfully re-contract the Shipper’s Service Option. Value means the present value of the re-contracted volume using a discount rate equal to the Prime Rate.
Acceleration Right. If the Corporation, or a subsidiary of the Corporation, is registered as an investment dealer and marketplace under the securities laws of a jurisdiction in Canada by a securities regulatory authority (the “Registration Approval”), the Corporation may accelerate the Expiry Date of the Warrants to sixty (60) days after the later of: (a) [Closing Date + 6 months] and (b) the date the Corporation provides notice of the Registration Approval to the Holder by providing a notice to the Holder of the acceleration of the Expiry Date of the Warrants (the “Acceleration Notice”) in accordance with Section 25. An Acceleration Notice must include the following information: (i) the date on which the Registration Approval was received by the Corporation: (ii) a copy of the Registration Approval: and (iii) the new Expiry Date of the Warrants. Following delivery of a valid Acceleration Notice, the Expiry Date of the Warrants shall be the Expiry Date set out in the Acceleration Notice. Notwithstanding the foregoing, the Corporation shall provide the Holder with notice of the Registration Approval within 10 days of receipt of same.
Acceleration Right. If this Agreement is terminated by the Carrier pursuant to Section 6.3, the Carrier shall in good faith and in a commercially reasonable manner determine the Acceleration Payment resulting from the termination of this Agreement. The Carrier shall give the Shipper written notice of the amount of the Acceleration Payment, stating in reasonable detail how such amount was calculated. The Acceleration Payment is not subject to deduction or abatement for any reason. The Carrier shall issue an invoice and Shipper shall pay such invoice within thirty (30) days of receipt of invoice. The Parties acknowledge and agree that the Acceleration Payment is a reasonable pre-estimate of the loss suffered by the Carrier in the event of termination of this Agreement, and is not a penalty.
Acceleration Right. If this Agreement is terminated by the Carrier pursuant to Section 8.3, the Carrier shall, in good faith and in a commercially reasonable manner, determine the Acceleration Payment. The Carrier shall give the Shipper written notice of the amount of the Acceleration Payment stating in reasonable detail how the amount was calculated. The Acceleration Payment is not subject to deduction or abatement for any reason. The Shipper shall pay the Acceleration Payment owed by it to the Carrier within thirty (30) days of receipt of written notice from the Carrier. The Acceleration Payment is a reasonable pre-estimate of the loss suffered by the Carrier in the event of termination of this Agreement, and is not a penalty.