Anticipated Events Clause Samples
The Anticipated Events clause defines specific occurrences or conditions that the parties expect may happen during the course of the agreement and outlines how such events will be managed. Typically, this clause lists events such as regulatory changes, market disruptions, or other foreseeable circumstances that could impact the parties' obligations or the contract's performance. By identifying and addressing these events in advance, the clause helps allocate risk and provides a clear framework for responding to foreseeable changes, thereby reducing uncertainty and potential disputes.
Anticipated Events. Each Credit Party anticipates that an Event of Default may occur under the Credit Agreement due to (together, the “Anticipated Events,” and together with the Specified Events, the “Events”):
2.2.1. the institution of the Proceedings, constituting an Event of Default under Section 11.01(i) of the Credit Agreement and, at any time before the Plan is effective, Sections 11.01(i)(iii), (i)(v) and (i)(vi) of the Credit Agreement;
2.2.2. the occurrence of a Material Adverse Effect arising as a result of the Proceedings, constituting an Event of Default under Section 11.01(p) of the Credit Agreement;
2.2.3. the failure of a Guarantor to make any payment when due with respect to Indebtedness or the acceleration of Indebtedness of a Guarantor, in each case at any time before the Plan is effective, constituting an Event of Default under Section 11.01(h)(i) of the Credit Agreement; and
2.2.4. certain provisions of the Guarantee being deemed invalid or unenforceable against a Guarantor in connection with the Proceedings, constituting an Event of Default under Section 11.01(k) of the Credit Agreement.