Common use of ADDITIONAL EVENTS Clause in Contracts

ADDITIONAL EVENTS. In addition to the Rapid Amortization Events specified in Section 7.1 of the Master Trust Agreement, if: (i) TMM shall fail to comply with (w) the financial covenants contained in SECTION 7.1(b) hereof, (x) the covenant set forth in SECTION 7.1(d), (y) the covenant set forth in SECTION 7.1(e) or (z) either of the covenants set forth in SECTION 7.1(f) or SECTION 7.1(h); (ii) a Rapid Amortization Commencement Date shall have occurred or shall have been deemed to occur and be continuing with respect to any Series other than Series 2001-A; (iii) the Consolidated Funded Indebtedness shall at any time exceed U.S.$448,300,000; (iv) the balance of the Series 2001-A Reserve Account shall at any time be less than the Required Coverage Amount with respect to Series 2001-A; (v) TMM fails to (A) cause prior to September 30, 2003, the occurrence of a TMM Prepayment Event of the type described in clause (i) or (ii) of the definition of "TMM Prepayment Event" which results in Proceeds of at least U.S.$50,000,000, which are paid over to the Trustee and applied by the Paying Agent pursuant to SECTION 7.1(a) or (b) remit Proceeds of any TMM Prepayment Event within the time period set forth at and pursuant to the terms of SECTION 7.1(a) of this Supplement; (vi) TMM or any of its Restricted Subsidiaries or any other Seller or such Seller's consolidated Subsidiaries shall suffer a change in its business, operations or financial condition, in Mexico or in any other jurisdiction in which such Person operates, which is reasonably likely to result in a Material Adverse Effect as determined by the Trustee in the exercise of its reasonable discretion acting at the direction of the Investor Certificateholders; or (vii) TMM fails to cause on or prior to April 15, 2003, the payment in full of the Additional Series 2001-A Full Repurchase Payment; then, in the case of any event set forth above, a Rapid Amortization Commencement Date with respect only to Series 2001-A shall be deemed to have occurred on the day on which the Trustee gives notice to the Sellers' Representative thereof pursuant to Section 7.1 of the Master Trust Agreement.

Appears in 2 contracts

Samples: Second Amended and Restated Series 2001 a Supplement (TMM Holdings Sa De Cv), Second Amended and Restated Series 2001 a Supplement (TMM Holdings)

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ADDITIONAL EVENTS. In addition to the Rapid Amortization Events specified in Section 7.1 of the Master Trust Agreement, if: (i) TMM shall fail to comply with the (wx) the financial covenants contained in SECTION 7.1(b) hereof, (x) the covenant set forth in SECTION 7.1(d), hereof or (y) the covenant set forth in SECTION 7.1(e7.1(d) or (z) either of the covenants set forth in SECTION 7.1(f) or SECTION 7.1(h)hereof; (ii) a Rapid Amortization Commencement Date shall have occurred or shall have been deemed to occur and be continuing with respect to any Series other than Series 2001-A; (iii) the Consolidated Funded Indebtedness shall at any time exceed U.S.$448,300,000; (iv) the balance of the Series 2001-A Reserve Account shall at any time be less than the Required Coverage Amount with respect to Series 2001-A; (v) TMM fails to (A) cause prior to September 30December 10, 20032002, the occurrence of a TMM Prepayment Event of the type described in clause (i) or (ii) of the definition of "TMM Prepayment Event" which results in Proceeds of at least U.S.$50,000,000, which are paid over to the Trustee and applied by the Paying Agent pursuant to SECTION 7.1(a) or (bB) remit Proceeds of any TMM Prepayment Event within the time period set forth at and pursuant to the terms of SECTION 7.1(a) of this Supplement;; or (vi) TMM or any of its Restricted Subsidiaries or any other Seller or such Seller's consolidated Subsidiaries shall suffer a change in its business, operations or financial condition, in Mexico or in any other jurisdiction in which such Person operates, which is reasonably likely to result in a Material Adverse Effect as determined by the Trustee in the exercise of its reasonable discretion acting at the direction of the Investor Certificateholders; or (vii) TMM fails to cause on or prior to April 15, 2003, the payment in full of the Additional Series 2001-A Full Repurchase Payment; . then, in the case of any event set forth above, a Rapid Amortization Commencement Date with respect only to Series 2001-A shall be deemed to have occurred on the day on which the Trustee gives notice to the Sellers' Representative thereof pursuant to Section 7.1 of the Master Trust Agreement.

Appears in 1 contract

Samples: Amended and Restated Series 2001 a Supplement (TMM Holdings)

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