Collection Agent Default. The occurrence of any one or more of the following events shall constitute a Collection Agent Default:
(i) the Collection Agent or, to the extent that the Transferor, the Seller or any Affiliate of the Transferor or the Seller is then acting as Collection Agent, the Transferor, the Seller or such Affiliate, as applicable, shall fail to observe or perform any term, covenant or agreement to be observed or performed (A) under Section 5.3(d), 5.3(g) or 5.3(h) or Section 5.4, or (B) under Section 5.3 (other than subsection (d), (g) or (h) thereof) and such failure shall continue for five (5) days, or (ii) the Collection Agent or, to the extent that the Transferor, the Seller or any Affiliate of the Transferor, or the Seller is then acting as Collection Agent, the Transferor, the Seller or such Affiliate, as applicable, shall fail to observe or perform any term, covenant or agreement hereunder (other than as referred to in clause (i) or (iii) of this Section 6.4(a)) or under any of the other Transaction Documents to which such Person is a party or by which such Person is bound, and such failure shall remain unremedied for ten (10) days, or (iii) the Collection Agent or, the extent that the Transferor, the Seller or any Affiliate of the Transferor, or the Seller is then acting as Collection Agent, the Transferor, the Seller or such Affiliate, as applicable, shall fail to make any payment or deposit required to be made by it hereunder when due or the Collection Agent shall fail to observe or perform any term, covenant or agreement on the Collection Agent’s part to be performed under Section 2.8(b) hereof; or
(b) any representation, warranty, certification or statement made by the Collection Agent or the Transferor, the Seller or any Affiliate of the Transferor or the Seller (in the event that the Transferor, the Seller or such Affiliate is then acting as the Collection Agent) in this Agreement, the Receivables Purchase Agreement, the Transferring Affiliate Letter, the BMA Transfer Agreement or in any of the other Transaction Documents or in any certificate or report delivered by it pursuant to any of the foregoing shall prove to have been incorrect in any material respect when made or deemed made; or
(c) failure of the Collection Agent or any of its Subsidiaries, FME KGaA, or FMCH to pay when due any amounts due under any agreement under which any Indebtedness greater that $50,000,000 is governed; or the default by the Collection Agent or any of its Subsidiaries, ...
Collection Agent Default. The occurrence of any one or more of the following events shall constitute a Collection Agent default (each, a "Collection Agent Default"):
(i) the Collection Agent or, to the extent that the Transferor, the Parent, any Seller or any Affiliate of the Transferor or the Sellers is then acting as Collection Agent, the Transferor, the Parent, such Seller or such Affiliate, as applicable, shall fail to observe or perform any material term, covenant or agreement hereunder (other than as referred to in clauses (ii) and (iii) of this Section 6.07(a)), and such failure shall remain unremedied for ten (10) days, after a Responsible Officer of the Collection Agent has knowledge thereof or (ii) the Collection Agent or, to the extent that the Transferor, the Parent, any Seller or any Affiliate of the Transferor or the Sellers is then acting as Collection Agent, the Transferor, the Parent, such Seller or such Affiliate, as applicable, shall fail to make any payment or deposit required to be made by it hereunder when due and such failure remains uncured for one (1) Business Day or the Collection Agent shall fail to observe or perform in any material respect any term, covenant or agreement on the Collection Agent's part to be performed under Section 2.09(b) hereof, or (iii) the Collection Agent fails to deliver any Deposit Report within two (2) Business Days of the date when due or Settlement Statement within one (1) Business Day of the date when due; or
(b) any representation, warranty, certification or statement made by the Collection Agent in this Agreement, any other Transaction Document or in any other document delivered pursuant hereto or thereto shall prove to have been incorrect in any material respect when made or deemed made; provided that no such event shall constitute a Collection Agent Default unless such event shall continue unremedied for a period of ten (10) days from the date a Responsible Officer of the Collection Agent obtains knowledge thereof; or
(c) the Collection Agent or any of its Subsidiaries shall fail to make any payment of principal or interest in respect of any Indebtedness evidencing an aggregate outstanding principal amount exceeding $15,000,000, when and as the same shall become due and payable after giving effect to any applicable grace period with respect thereto; or any event or condition occurs that results in any such Indebtedness becoming due prior to its scheduled maturity or that enables or permits the holder or holders of any such...
Collection Agent Default. At any time following the Closing Date, upon the occurrence of any one or more of the following events the Administrative Agent may, or at the direction of the Required Lenders shall, by notice to the Borrower and the Collection Agent, declare a Collection Agent Default (each, a “Collection Agent Default”):
(i) the Collection Agent or, to the extent that the Borrower, the Contributor or any Affiliate of the Borrower or the Contributor is then acting as Collection Agent, the Borrower, the Contributor or such Affiliate, as applicable, shall fail to observe or perform any material term, covenant or agreement hereunder (other than as referred to in clause (ii) of this Section 6.04(a)), and such failure shall remain unremedied for three (3) Business Days, after a Responsible Officer of the Collection Agent has knowledge thereof or (ii) the Collection Agent or, to the extent that the Borrower, the Contributor or any Affiliate of the Borrower, or the Contributor is then acting as Collection Agent, the Borrower, the Contributor or such Affiliate, as applicable, shall fail to make any payment or deposit required to be made by it hereunder when due or the Collection Agent shall fail to observe or perform in any material respect any term, covenant or agreement on the Collection Agent’s part to be performed under Section 2.08(b) hereof; or
(b) failure of the Collection Agent or any Loan Party or a Material Subsidiary to make any payment on any of its Indebtedness having a principal amount of $5,000,000 or more when the same becomes due and payable (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise); or any other event shall occur or condition shall exist under any agreement or instrument relating to any such Indebtedness, if the effect of such event or condition is to accelerate the maturity of such Indebtedness or for the maturity of such Indebtedness to become capable of acceleration; or any Indebtedness of the Collection Agent or any Loan Party or Material Subsidiary shall be declared to be due and payable or required to be prepaid or repurchased (other than by a regularly scheduled required prepayment) prior to the scheduled date of maturity thereof; or
(c) any Event of Bankruptcy shall occur and be continuing with respect to the Collection Agent or any of its Material Subsidiaries;
(d) one or more judgments or orders (or other similar process) involving, in any single case or in the aggregate, an amount in excess of $5,000,000 ...
Collection Agent Default. 23 Section 6.5 Indemnities by the Collection Agent............................................ 25
Collection Agent Default. The occurrence of any one or more of the following events shall constitute a Collection Agent default (each, a "Collection Agent Default"): -------------------------
(i) the Collection Agent shall fail to observe or perform any term, covenant or agreement hereunder (other than as referred to in clause (ii) of ----------- this Section 6.4(a)) or under any of the other Transaction Documents to which -------------- such Person is a party or by which such Person is bound, and such failure shall remain unremedied for thirty (30) days, or (i) the Collection Agent shall fail to make any payment or deposit required to be made by it hereunder and such failure remains uncured for two (2) Business Days from the due date therefor or the Collection Agent shall fail to observe or perform in any material respect any term, covenant or agreement on the Collection Agent's part to be performed under Section 2.8(b) -------------- hereof;
Collection Agent Default. A Collection Agent Default shall occur; or
Collection Agent Default. 44 SECTION 6.5 Responsibilities of the Transferor and each Seller..............................................46 SECTION 6.6 Collection Agent Indemnification of Indemnified Parties.................................46 SECTION 6.7 Maintenance of Property; Insurance..................46 SECTION 6.8
Collection Agent Default. The occurrence of any one or more of the following events shall constitute a default by the Collection Agent (each, a "Collection Agent Default"):
(i) the Collection Agent or, to the extent that the Transferor, the Originator or any Affiliate of the Transferor or the Originator is then acting as Collection Agent, the Transferor,
Collection Agent Default. 55 SECTION 6.5. RESPONSIBILITIES OF THE TRANSFEROR AND THE SELLER. 56 ARTICLE VII 57 TERMINATION EVENTS 57 SECTION 7.1. TERMINATION EVENTS. 57 SECTION 7.2. TERMINATION. 59
Collection Agent Default. The occurrence of any one or more of the following events shall constitute a Collection Agent Default:
(a) (i) the Collection Agent or, to the extent that the Transferor, the Seller or any Affiliate of the Transferor or the Seller is then acting as Collection Agent, the Transferor, the Seller or such Affiliate, as applicable, shall fail to observe or perform any term, covenant or agreement to be observed or performed (A) under Section 5.3(d), 5.3(g) or 5.3(h) or
