Anticipated Defaults. Certain Defaults or Events of Default have arisen on or prior to the date hereof and/or may arise on or prior to the Forbearance Termination Date (as defined below) under the Indenture, consisting of a Default under clauses (1) and (6) of Section 6.01 of the Indenture as a result of the failure of the Issuer to make the interest payment under the Notes due on August 15, 2018. The Issuer anticipates that such Defaults will constitute an Event of Default under clauses (1) and (6) of Section 6.01
Anticipated Defaults. 1. Events of Default related to the late payment of interest due on or about December 31, 2014 and default interest thereon due under the First Lien Notes and First Lien Indenture and to the procedure for such late payment not being in compliance with Section 2.12 of the First Lien Indenture
Anticipated Defaults. 1. Potential defaults under Section 9.01(b) due to the following:
Anticipated Defaults. (a) Breach by Borrowers of Section 9.01(f), which imposes a cross-default to the Pacific Ethanol Imperial LLC financing arrangement with Xxxx. Pacific Ethanol expects to be in default of certain payment obligations by the first week of March.
Anticipated Defaults. Certain Defaults or Events of Default have arisen on or prior to the date hereof and/or may arise on or prior to the Forbearance
Anticipated Defaults. (a) The failure of the Company to comply with Section 2.4B(iii)(e) of the Credit Agreement by failing to timely pay 50% of the Consolidated Excess Cash Flow for the Fiscal Year ended December 31, 2008, which will result in an Event of Default under Section 8.1 of the Credit Agreement.
Anticipated Defaults. (a) The Event of Default under Section 10.1.3 of the Loan Agreement as a result of Borrowers’ breach of the Fixed Charge Coverage Ratio covenant for failure to maintain Availability equal to or greater than $30,000,000, constituting a breach of Section 8.3 of the Loan Agreement; and
Anticipated Defaults. In addition, it is anticipated that Events of Default will occur under Section 7.3 of the Credit Agreement with respect to the Borrower’s anticipated failure to comply with Section 6.32.1 and 6.32.2 of the Credit Agreement for the period ending March 31, 2017 (the “Anticipated Defaults”). 3.2.
Anticipated Defaults. 1. The Issuer’s failure to deliver certain quarterly financial statements for the fiscal quarters ended March 31, 2007 and June 30, 2007.
Anticipated Defaults. Certain defaults, Defaults or Events of Default may have arisen on or prior to the date hereof and/or may arise on or prior to the Forbearance Termination Date (as defined below) under the Indenture, including, without limitation, (i) the Default under Section 5.01(e)(1) of the Indenture as a result of the failure of the Issuer to make the interest payment otherwise due under the 1.75 Lien Credit Agreement on December 20, 2017, (ii) the Default under 5.01(e)(1) of the Indenture as a result of the failure of the Issuer to make the interest payment otherwise due under the Second Lien Credit Agreement on December 29, 2017, and (iii) the Default under 5.01(e)(2) of the Indenture as a result of the failure of the Issuer to comply with certain affirmative covenants under the First Lien RBL Credit Agreement during the Forbearance Period (as defined below). The Issuer anticipates that these defaults, as applicable, will constitute an Event of Default under Sections 5.01(e)(1) and 5.01(e)(2) of the Indenture.
