Action Upon Event of Loss, Indenture Default or Indenture Event of Default Sample Clauses

Action Upon Event of Loss, Indenture Default or Indenture Event of Default. In the event Owner Trustee shall have actual knowledge of an Indenture Default, Indenture Event of Default or Event of Loss, Owner Trustee shall give prompt written notice thereof to Owner Participant, Lessee and Indenture Trustee. In the event Indenture Trustee shall have actual knowledge of an Indenture Default, Indenture Event of Default or Event of Loss, Indenture Trustee shall give prompt written notice thereof to Owner Participant, Owner Trustee, Lessee and each Noteholder. Subject to the terms of Article 4 and Sections 5.4, 5.5 and 5.6 hereof, (a) Indenture Trustee shall take such action (including the waiver of past Indenture Defaults and Indenture Event of Defaults in accordance with Section 4.14 hereof), or refrain from taking such action, with respect to any such Indenture Default, Indenture Event of Default or Event of Loss as Indenture Trustee shall be instructed by instructions of Majority in Interest of Noteholders, (b) if Indenture Trustee shall not have received instructions as above provided within twenty (20) days after mailing by Indenture Trustee of notice of such Indenture Default or Event of Loss to the Persons referred to above, Indenture Trustee may, subject to instructions thereafter received pursuant to the preceding sentence, take such action, or refrain from taking such action, but shall be under no duty to take or refrain from taking any action, with respect to such Indenture Default or Event of Loss as it shall determine advisable in the best interests of the Noteholders and (c) in the event that an Indenture Event of Default shall have occurred Indenture Trustee in its discretion may, or upon receipt of instructions of Majority in Interest of Noteholders shall, by written notice to Owner Trustee, declare the unpaid principal amount of all Notes with premium, if any, accrued interest thereon to be immediately due and payable, upon which declaration such principal amount and such accrued interest shall immediately become due and payable without further act or notice of any kind. For all purposes of this Indenture, in the absence of actual knowledge, neither Owner Trustee nor Indenture Trustee shall be deemed to have knowledge of an Indenture Default, Indenture Event of Default or Event of Loss except that Indenture Trustee shall be deemed to have knowledge of the failure of Lessee to pay any installment of Basic Rent within ten (10) Business Days after the same shall become due. For purposes of this Section 5.1, neither Owner ...
AutoNDA by SimpleDocs

Related to Action Upon Event of Loss, Indenture Default or Indenture Event of Default

  • Guarantee Event of Default; Notice (a) The Guarantee Trustee shall, within 90 days after the occurrence of a Guarantee Event of Default actually known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Securities, notices of all such Guarantee Events of Default, unless such defaults have been cured before the giving of such notice; provided, that the Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Securities.

  • Additional Event of Default The following will constitute an additional Event of Default with respect to Party B: "NOTE ACCELERATION NOTICE. A Note Acceleration Notice is served on Party B in relation to the Relevant Notes."

  • Termination Upon Event of Default If Foothill terminates this Agreement upon the occurrence of an Event of Default, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of Foothill's lost profits as a result thereof, Borrower shall pay to Foothill upon the effective date of such termination, a premium in an amount equal to the Early Termination Premium. The Early Termination Premium shall be presumed to be the amount of damages sustained by Foothill as the result of the early termination and Borrower agrees that it is reasonable under the circumstances currently existing. The Early Termination Premium provided for in this Section 3.7 shall be deemed included in the Obligations.

  • Event of Default; Notice (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

  • Event of Default Defined; Acceleration of Maturity; Waiver of Default Event of Default" with respect to Securities of any series wherever used herein, means each one of the following events which shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body):

  • Default or Event of Default Seller shall, as soon as possible but in no event later than two (2) Business Days after obtaining actual knowledge of such event, notify Purchaser of the occurrence of any Default or Event of Default.

  • Event of Default Defined Acceleration of Maturity; Waiver of Default. "Event of Default" with respect to Securities of any series wherever used herein, means each one of the following events which shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body):

  • Rights Upon Event of Default If an Event of Default, other than an Event of Default described in Section 5.01(iv) or (v) above, shall have occurred and be continuing the Indenture Trustee or the Required Holders may declare the principal amount of the Notes immediately due and payable at par. At any time after such declaration of acceleration of maturity has been made and before a judgment or decree for payment of the money due has been obtained by the Indenture Trustee as hereinafter in this Article Five provided, the Required Holders may rescind such declaration if (i) the Issuer has made all payments of principal of and interest on all Notes that have become due and payable (other than by reason of acceleration of the Notes) and (ii) the Issuer has paid all amounts due and payable to the Indenture Trustee. If an Event of Default described in Section 5.01(iv) or (v) shall have occurred and be continuing, the principal amount of the Notes shall become immediately due and payable.

  • Event of Default; Waiver The Holders of a Majority in Liquidation Amount of the Preferred Securities may, on behalf of the Holders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent therefrom.

  • No Default or Event of Default No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the Extension of Credit to be made on such date unless such Default or Event of Default shall have been waived in accordance with this Agreement.

Time is Money Join Law Insider Premium to draft better contracts faster.