Early Amortization Event. As of any Determination Date, the existence of any one of the following events or conditions shall constitute an Early Amortization Event: (1) An Event of Default shall have occurred and then be continuing; (2) The sum of the then unpaid principal balances of all Notes then Outstanding on any Payment Date (after giving effect to all payments of principal to be paid on such Payment Date) exceeds the Asset Base, and such condition is not remedied for a period of ten (10) consecutive days; (3) A Manager Default shall have occurred and then be continuing; (4) The Interest Coverage Ratio of the Issuer determined as of any Payment Date occurring on or after the Effective Date shall be less than 1.1 to 1.0; (5) The Issuer, Manager or Guarantor shall fail to be in compliance with any of their financial covenants set forth in this Agreement, the Management Agreement, the Guaranty or any other Transaction Document; (6) The Weighted Average Age of the Equipment as of any Payment Date is greater than eight (8) years; or (7) The Cronos Group shall have a Tangible Net Worth Leverage Ratio in excess of 5:1; (8) The Cronos Group shall have a Gearing Ratio in excess of 4:1; (9) The Agent shall not have received all such documentation that it considers necessary or desirable to perfect the security interest of the Agent on behalf of the Noteholders in the Patents within the time frame set forth in Section 1003 hereof; or (10) The Agent shall not have received all opinions set forth in Section 1001(e) hereof in form and substance satisfactory to it within five (5) Business Days after the Effective Date. If an Early Amortization Event exists on any Payment Date, then such Early Amortization Event shall be deemed to continue until the earlier of (x) the Business Day immediately preceding the Payment Date on which no Early Amortization Event exists and (y) the Business Day on which the Majority of Holders waives in writing such Early Amortization Event. Upon the occurrence of an Early Amortization Event of the type set forth in clauses (1), (2), (3), (4), (6) or (7) of this Section 1101, the Agent shall have the right to conduct an annual audit of the Issuer at Issuer's expense.
Appears in 1 contract
Samples: Loan Agreement (Cronos Group)
Early Amortization Event. As of any Determination Date, the The existence of any one of the following events or conditions shall constitute an Early Amortization Event:
(1) An Event of Default shall have occurred and then be continuing;
(2) The sum of the then unpaid principal balances of all Notes then Outstanding on any Payment Date (after giving effect to all payments of principal to be paid on such Payment Date) Aggregate Principal Balance exceeds the Aggregate Asset Base, and such condition is not remedied for a period of ten (10) consecutive days;
(3) A Manager Default or a default under any other Transaction Document shall have occurred and then be continuing;
(4) The Interest Coverage EBIT Ratio of the Issuer Borrower determined as of any Payment Date occurring on or after the Effective Collection Period Date shall be less than 1.1 1.10 to 1.0;
(5) The Issuer, Manager Weighted Average Age of all Eligible Containers as of any Collection Period Date is six (6) years or Guarantor shall fail to be in compliance with any of their financial covenants set forth in this Agreement, the Management Agreement, the Guaranty or any other Transaction Documentmore;
(6) The Weighted Average Age Borrower is required to register as an investment company under the Investment Company Act of the Equipment 1940, as of any Payment Date is greater than eight (8) yearsamended; or
(7) The Cronos Group Satisfactory Institutional Persons shall have a Tangible Net Worth Leverage Ratio (i) fail to own in excess aggregate less than thirty-five percent (35%) of 5:1;
(8) The Cronos Group shall have a Gearing Ratio in excess of 4:1;
(9) The Agent shall not have received all such documentation that it considers necessary or desirable to perfect the security interest of the Agent on behalf issued and outstanding voting shares of the Noteholders Borrower or (ii) reduce the amount of their respective equity investment in the Patents within the time frame set forth in Section 1003 hereof; or
(10) The Agent shall not have received all opinions set forth in Section 1001(e) hereof in form and substance satisfactory to it within five (5) Business Days Borrower after the Effective Restatement Date. If an Early Amortization Event exists on any Payment Dateexists, then such Early Amortization Event shall be deemed to continue until the earlier of (x) the Business Day immediately preceding the Payment Date on which no Early Amortization Event exists and (y) the Business Day on which the Majority of Holders Lenders waives in writing such Early Amortization Event. Upon the occurrence of an Early Amortization Event Event, the Agent and each Lender shall, in addition to the rights provided in the Transaction Documents, have all rights and remedies provided under Applicable Law with respect to the occurrence of such event or condition. Upon the type set forth in clauses (1), (2), (3), (4), (6) or (7) occurrence of this Section 1101an Early Amortization Event, the Agent shall have the right to conduct an annual audit of the Issuer Borrower at Issuer's Borrower’s expense.
Appears in 1 contract
Samples: Loan Agreement (Cronos Group)
Early Amortization Event. As of any Determination Date, the existence of any one of the following events or conditions shall constitute an Early Amortization Event:
(1) An Event of Default shall have occurred and then be continuing;
(2) The sum of the then unpaid principal balances of all Notes then Outstanding on any Payment Date (after giving effect to all payments of principal to be paid on such Payment Date) exceeds the Asset Base, and such condition is not remedied for a period of ten (10) consecutive days;
(3) A Manager Default shall have occurred and then be continuing;
(4) The Consolidated Interest Coverage Ratio of the Issuer determined as of any Payment Date occurring on or after the Effective Closing Date shall be less than 1.1 to 1.0;
(5) The Issuer, Manager or Guarantor shall fail to be in compliance with any of their financial covenants set forth in this Agreement, the Management Agreement, the Guaranty or any other Transaction Document;.
(6) The Weighted Average Age of the Equipment as of any Payment Date is greater than eight (8) years; or
(7) The Cronos Group shall have a Tangible Net Worth Leverage Ratio in excess of 5:1;
(8) The Cronos Group shall have a Gearing Ratio in excess of 4:1;
(9) The Agent shall not have received all such documentation that it considers necessary or desirable to perfect the security interest of the Agent on behalf of the Noteholders in the Patents within the time frame set forth in Section 1003 hereof; or
ten (10) The Agent shall not have received all opinions set forth in Section 1001(e) hereof in form and substance satisfactory to it within five (5) Business Days after the Effective Dateyears. If an Early Amortization Event exists on any Payment Date, then such Early Amortization Event shall be deemed to continue until the earlier of (x) the Business Day immediately preceding the Payment Date on which no Early Amortization Event exists and (y) the Business Day on which the Majority of Holders waives in writing such Early Amortization Event. Upon the occurrence of an Early Amortization Event of the type set forth in clauses (1), (2), (3), (4), ) and (6) or (7) of this Section 1101, the Agent shall have the right to conduct an annual audit of the Issuer at Issuer's expense.. ARTICLE XII
Appears in 1 contract
Samples: Loan Agreement (Cronos Group)
Early Amortization Event. As With respect to the Series 2002-1 Notes, as of any Determination Datedate of determination, the existence of any one of the following events or conditions shall constitute an Early Amortization Event:
(1i) An “event of default” under any Related Document (including an Event of Default) shall have occurred and then be continuing;
(ii) A Servicer Default shall have occurred and then be continuing;
(2iii) The sum Aggregate Note Principal Balance of any Series exceeds the then unpaid principal balances of all Notes then Outstanding Asset Base for such Series on any Payment Date (after giving effect to all any payments of principal to be paid on such Payment Date) exceeds the Asset Base, and such condition is not remedied excess continues for a period of ten (10) 10 consecutive daysdays without being cured;
(3) A Manager Default shall have occurred and then be continuing;
(4iv) The Interest Coverage EBIT Ratio of the Issuer determined as of any Payment Date occurring on or after the Effective Date shall be less than 1.1 to 1.0the Target EBIT Ratio;
(5v) The Issuer, Manager or Guarantor shall fail Prior to be in compliance with any of their financial covenants set forth in this Agreementthe date on which the Term Securitization is consummated, the Management AgreementAsset Base shall be less than or equal to $60,000,000, or, as of the Guaranty close of business on the date on which the Term Securitization is consummated, either the Asset Base or any other Transaction Documentthe total Outstanding Obligations for Series 2002-1 shall be greater than $0;
(6vi) The Weighted Average Age occurrence of any other Early Amortization Event as specified in the Indenture;
(vii) Outstanding Obligations exceed 90% of the Equipment as aggregate Appraised Values of each Eligible Engine and such excess continues for a period of 10 consecutive days without being cured;
(viii) The Quarterly Utilization Rate is less than 75%.
(ix) The failure to pay in full on any Payment Date is greater than eight (8) years; or
a) interest accrued on the Notes, (7b) The Cronos Group shall have a Tangible Net Worth Leverage Ratio in excess of 5:1;
the Class A Minimum Principal Payment Amount and the Class B Minimum Principal Payment Amount and, (8) The Cronos Group shall have a Gearing Ratio in excess of 4:1;
(9c) The Agent shall not have received all such documentation that it considers necessary or desirable to perfect the security interest of the Agent on behalf of the Noteholders in the Patents within the time frame set forth in Section 1003 hereof; or
(10) The Agent shall not have received all opinions set forth in Section 1001(e) hereof in form and substance satisfactory to it within five (5) Business Days after the Effective Date. If an Early Amortization Event exists on any Payment Conversion Date, then such Early the Class A Note Distributable Amortization Event shall be deemed to continue until Amount and the earlier of (x) the Business Day immediately preceding the Payment Date on which no Early Class B Note Distributable Amortization Event exists and (y) the Business Day on which the Majority of Holders waives in writing such Early Amortization Event. Upon the occurrence of an Early Amortization Event of the type set forth in clauses (1), (2), (3), (4), (6) or (7) of this Section 1101, the Agent shall have the right to conduct an annual audit of the Issuer at Issuer's expenseAmount.
Appears in 1 contract
Early Amortization Event. As of any Determination Datedate of determination, the existence of any one of the following events or conditions shall constitute an Early Amortization Eventconditions:
(1) An “event of default” or a material “default” by TL, TEML or the Issuer under any Related Document (including an Event of Default hereunder) shall have occurred and then be continuing;
(2) The sum of the then unpaid principal balances of all Notes then Outstanding on any Payment Date (after giving effect to all payments of principal to be paid on such Payment Date) exceeds the Asset Base, and such condition is not remedied for a period of ten (10) consecutive days;
(3) A Manager Default shall have occurred and then be continuing;
(3) If on any Payment Date an Asset Base Deficiency with respect to the Senior Notes exists, and such condition remains unremedied for a period of ten (10) consecutive Business Days without having been cured;
(4) The Interest Coverage Ratio of the Issuer determined as amount of any Payment Date occurring scheduled payment of interest then due and owing on or after the Effective Date shall be less than 1.1 to 1.0Notes of any Series then Outstanding is not paid in full;
(5) The Issuer, Manager or Guarantor shall fail to be in compliance with any of their financial covenants set forth in this Agreement, the Management Agreement, the Guaranty or any other Transaction Document[Reserved];
(6) The As of any Payment Date, the Weighted Average Age of the Equipment as of any Payment Date Eligible Container is greater than eight nine (8) 9) years; or;
(7) The Cronos Group Any payment shall have be made by a Tangible Net Worth Leverage Ratio in excess of 5:1Series Enhancer under any Enhancement Agreement;
(8) The Cronos Group shall have a Gearing Ratio occurrence of an additional Early Amortization Event as specified in excess of 4:1;the related Supplement for any Series; or
(9) The Agent (A) a breach of any financial covenant of TGH set forth in the documents governing any Indebtedness of TGH in an aggregate principal amount of $10,000,000 or greater (the “Funded Debt Documents”) shall have occurred and shall not have received been waived within sixty (60) days thereafter by the applicable lenders, or (B) any default, not described in clause (A), under any Funded Debt Document shall have occurred and as a result the required lenders under the affected financing transaction have accelerated all or part of such documentation that it considers necessary or desirable to perfect Indebtedness. If the security interest Early Amortization Event described in clause (9)(A) has occurred, such Early Amortization Event shall be deemed no longer continuing immediately upon the waiver within sixty (60) days thereafter by the required lenders under the affected financing transaction(s) of the Agent on behalf of the Noteholders event(s) or condition(s) described in the Patents within the time frame such clause (A). Except as set forth in Section 1003 hereof; or
(10) The Agent shall not have received all opinions set forth in Section 1001(e) hereof in form and substance satisfactory to it within five (5) Business Days after the Effective Date. If immediately preceding sentences, if an Early Amortization Event exists on any Payment Date, then such Early Amortization Event shall be deemed to continue until the earlier of (x) the Business Day immediately preceding the Payment Date on which no Early Amortization Event exists and (y) the Business Day on which the Requisite Global Majority of Holders waives waives, in writing writing, such Early Amortization Event. Upon the Promptly following any occurrence of and, if applicable, any cure of an Early Amortization Event of the type set forth in clauses (1), (2), (3), (4), (6) or (7) of this Section 1101Event, the Agent Issuer shall have the right to conduct an annual audit of the Issuer at Issuer's expensenotify each Interest Rate Hedge Provider thereof.
Appears in 1 contract
Early Amortization Event. As of any Determination Date, the existence of any one of the following events or conditions shall constitute an Early Amortization EventEvent and any undrawn amount of the Initial Commitment shall be cancelled:
(1) An Event of Default shall have occurred and then be continuing;
(2) The sum of the then unpaid principal balances of all Notes then Outstanding on any Payment Date (after giving effect to all payments of principal to be paid on such Payment Date) exceeds the Asset Base, and such condition is not remedied for a period of ten (10) consecutive days;; provided, however, if such Asset Base imbalance is caused solely by the reduction in the advance rate from 65% to 55% due to the Weighted Average Age of the Containers exceeding seven (7) years, then the period of ten (10) consecutive days provided to remedy such condition shall be extended to six (6) months thereafter.
(3) A Manager Default shall have occurred and then be continuing;
(4) The Interest Coverage Ratio of the Issuer determined as of any Payment Date occurring on or after the Effective Date shall be less than 1.1 to 1.0;
(5) The Issuer, Manager or Guarantor shall fail to be in compliance with any of their financial covenants set forth in this Agreement, the Management Agreement, the Guaranty or any other Transaction Document;; E73
(6) The Weighted Average Age of the Equipment as of any Payment Date is greater than eight (8) years; or
(7) The Cronos Group shall have a Tangible Net Worth Leverage Ratio in excess of 5:1greater than 4.5:1;
(8) The Cronos Group shall have a Gearing Ratio in excess of 4:1greater than 3.5:1;
(9) The Cronos Group shall fail to maintain a Tangible Net Worth of at least an amount equal to the sum of (x) Forty-five Million Dollars ($45,000,000) plus (y) fifty percent (50%) of all consolidated net income (but no reduced for losses) for all periods beginning after December 31, 2002.
(10) The Cronos Group shall have an Interest Coverage Ratio of less than 1.1 to 1.0.
(11) The Cronos Group shall have a Debt Service Coverage Ratio of less than 1.25 to 1.0.
(12) The Agent shall not have received all such documentation that it considers necessary or desirable to perfect the security interest of the Agent on behalf of the Noteholders in the Patents within the time frame set forth in Section 1003 hereofPatents; or
(1013) The Agent shall not have received all opinions set forth in Section 1001(e) hereof in form and substance satisfactory to it within five (5) Business Days after the Effective Date. If an Early Amortization Event exists on any Payment Date, then such Early Amortization Event shall be deemed to continue until the earlier of (x) the Business Day immediately preceding the Payment Date on which no Early Amortization Event exists and (y) the Business Day on which the Majority of Holders waives in writing such Early Amortization Event. Upon the occurrence of an Early Amortization Event of the type set forth in clauses (1), (2), (3), (4), (6) or (7) of this Section 1101, the Agent shall have the right to conduct an annual audit of the Issuer at Issuer's expense.
Appears in 1 contract
Samples: Loan Agreement (Cronos Group)
Early Amortization Event. As of any Determination Datedate of determination, the existence of any one of the following events or conditions shall constitute an Early Amortization Eventconditions:
(1) An Event of A Manager Default shall have occurred and then be continuing;
(2) The sum of the then unpaid principal balances of all Notes then Outstanding on Manager Report delivered for any Payment Date (after giving effect to all payments of principal to be paid on such Payment Date) exceeds the indicates that an Asset Base, and such condition is not remedied for a period of ten (10) consecutive daysBase Deficiency exists;
(3) The Manager Report delivered for any Payment Date indicates that the EBIT Ratio of the Issuer shall be less than 1.10:1.00;
(4) The Manager Report delivered for any Payment Date indicates that the Weighted Average Age of the Eligible Container is greater than nine (9) years;
(A) A Manager Default breach of any financial covenant of CAL set forth in the documents governing any Indebtedness of CAI and/or its Subsidiaries (the “Funded Debt Documents”) in excess of $20,000,000 shall have occurred for such period of time as would permit (assuming the giving of appropriate notice if required) the holder or holders thereof or of any obligations issued thereunder to accelerate the maturity of all or part of such Indebtedness, or any such holder or holders shall rescind or shall have a right to rescind the purchase of any such obligations, or (B) any default, not described in clause (A), under any Funded Debt Document shall have occurred and as a result the required lenders under the affected financing transaction have accelerated all or part of such Indebtedness; or
(6) An event or condition designated as an Early Amortization Event in any Supplement shall have occurred and then be continuing;
. If the Early Amortization Event described in clause (42) The Interest Coverage Ratio above has occurred, such Early Amortization Event shall be deemed no longer continuing if the Asset Base Deficiency is cured within thirty (30) days after the Payment Date on which such Asset Base Deficiency initially occurred; provided, that, no more than one cure of such event can occur during any two year period. If the Early Amortization Event described in clause (6) above has occurred, such Early Amortization Event shall be deemed no longer continuing immediately upon the waiver and/or cure of such Early Amortization Event in accordance with the terms of the Issuer determined applicable Supplement. Except as of any Payment Date occurring on or after the Effective Date shall be less than 1.1 to 1.0;
(5) The Issuer, Manager or Guarantor shall fail to be in compliance with any of their financial covenants set forth in this Agreementthe immediately preceding paragraph, the Management Agreement, the Guaranty or any other Transaction Document;
(6) The Weighted Average Age of the Equipment as of any Payment Date is greater than eight (8) years; or
(7) The Cronos Group shall have a Tangible Net Worth Leverage Ratio in excess of 5:1;
(8) The Cronos Group shall have a Gearing Ratio in excess of 4:1;
(9) The Agent shall not have received all such documentation that it considers necessary or desirable to perfect the security interest of the Agent on behalf of the Noteholders in the Patents within the time frame set forth in Section 1003 hereof; or
(10) The Agent shall not have received all opinions set forth in Section 1001(e) hereof in form and substance satisfactory to it within five (5) Business Days after the Effective Date. If an Early Amortization Event exists on any Payment Date, then such Early Amortization Event shall be deemed to continue until the earlier of (x) the Business Day immediately preceding the Payment Date on which no Early Amortization Event exists and (y) the Business Day on which the Requisite Global Majority of Holders waives waives, in writing writing, such Early Amortization Event. Upon the occurrence The Indenture Trustee shall promptly provide notice of an Early Amortization Event of the type set forth in clauses (1), (2), (3), (4), (6) or (7) of this Section 1101, the Agent shall have the right any such waiver to conduct an annual audit of the Issuer at Issuer's expenseeach Rating Agency.
Appears in 1 contract
Samples: Indenture (CAI International, Inc.)
Early Amortization Event. As of any Determination Datedate of determination, the existence of any one of the following events or conditions shall constitute an Early Amortization Eventconditions:
(1) An Event of Default or a Manager Default shall have occurred and then be continuing;
(2) The sum of the then unpaid principal balances of all Notes then Outstanding on Manager Report delivered for any Payment Date (after giving effect to all payments of principal to be paid on such Payment Date) exceeds the indicates that an Asset Base, and such condition is not remedied for a period of ten (10) consecutive daysBase Deficiency exists;
(3) The Manager Report delivered for any Payment Date indicates that the EBIT Ratio of the Issuer is less than 1.10:1.00;
(4) The Manager Report delivered for any Payment Date indicates that the Weighted Average Age of the Eligible Container is greater than nine (9) years;
(A) A Manager Default breach of any financial covenant of CAI or CAL set forth in the documents governing any Indebtedness of CAI and/or its Subsidiaries (the “Funded Debt Documents”) in excess of $20,000,000 shall have occurred for such period of time as would permit (assuming the giving of appropriate notice if required) the holder or holders thereof or of any obligations issued thereunder to accelerate the maturity of all or part of such Indebtedness, or any such holder or holders shall rescind or shall have a right to rescind the purchase of any such obligations, or (B) any default, not described in clause (A), under any Funded Debt Document shall have occurred and as a result the required lenders under the affected financing transaction have accelerated all or part of such Indebtedness; or
(6) An event or condition designated as an Early Amortization Event in any Supplement shall have occurred and then be continuing;
. If the Early Amortization Event described in clause (42) The Interest Coverage Ratio above has occurred, such Early Amortization Event shall be deemed no longer continuing if the Asset Base Deficiency is cured within thirty (30) days after the Payment Date on which such Asset Base Deficiency initially occurred; provided, that, no more than one cure of such event can occur during any two year period. If the Early Amortization Event described in clause (6) above has occurred, such Early Amortization Event shall be deemed no longer continuing immediately upon the waiver and/or cure of such Early Amortization Event in accordance with the terms of the Issuer determined applicable Supplement. Except as of any Payment Date occurring on or after the Effective Date shall be less than 1.1 to 1.0;
(5) The Issuer, Manager or Guarantor shall fail to be in compliance with any of their financial covenants set forth in this Agreementthe immediately preceding paragraph, the Management Agreement, the Guaranty or any other Transaction Document;
(6) The Weighted Average Age of the Equipment as of any Payment Date is greater than eight (8) years; or
(7) The Cronos Group shall have a Tangible Net Worth Leverage Ratio in excess of 5:1;
(8) The Cronos Group shall have a Gearing Ratio in excess of 4:1;
(9) The Agent shall not have received all such documentation that it considers necessary or desirable to perfect the security interest of the Agent on behalf of the Noteholders in the Patents within the time frame set forth in Section 1003 hereof; or
(10) The Agent shall not have received all opinions set forth in Section 1001(e) hereof in form and substance satisfactory to it within five (5) Business Days after the Effective Date. If an Early Amortization Event exists on any Payment Date, then such Early Amortization Event shall be deemed to continue until the earlier of (x) the Business Day immediately preceding the Payment Date on which no Early Amortization Event exists and (y) the Business Day on which the Requisite Global Majority of Holders waives waives, in writing writing, such Early Amortization Event. Upon the occurrence The Indenture Trustee shall promptly provide notice of an Early Amortization Event of the type set forth in clauses (1), (2), (3), (4), (6) or (7) of this Section 1101, the Agent shall have the right any such waiver to conduct an annual audit of the Issuer at Issuer's expenseeach Rating Agency.
Appears in 1 contract
Samples: Indenture (CAI International, Inc.)
Early Amortization Event. As With respect to the Series 2002-1 Notes, as of any Determination Datedate of determination, the existence of any one of the following events or conditions shall constitute an Early Amortization Event:
(1i) An “event of default” under any Related Document (including an Event of Default) shall have occurred and then be continuing;
(ii) A Servicer Default shall have occurred and then be continuing;
(2iii) The sum Aggregate Note Principal Balance of any Series exceeds the then unpaid principal balances of all Notes then Outstanding Asset Base for such Series on any Payment Date (after giving effect to all any payments of principal to be paid on such Payment Date) exceeds the Asset Base, and such condition is not remedied excess continues for a period of ten (10) 10 consecutive daysdays without being cured;
(3) A Manager Default shall have occurred and then be continuing;
(4iv) The Interest Coverage EBIT Ratio of the Issuer determined as of any Payment Date occurring on or after the Effective Date shall be less than 1.1 to 1.0the Target EBIT Ratio;
(5v) The Issuer, Manager or Guarantor shall fail Prior to be in compliance with any of their financial covenants set forth in this Agreementthe date on which the Term Securitization is consummated, the Management AgreementAsset Base shall be less than or equal to $60,000,000, or, as of the Guaranty close of business on the date on which the Term Securitization is consummated, either the Asset Base or any other Transaction Documentthe total Outstanding Obligations for Series 2002-1 shall be greater than $0;
(6vi) The Weighted Average Age occurrence of any other Early Amortization Event as specified in the Indenture;
(vii) Outstanding Obligations exceed 90% of the Equipment as aggregate Appraised Values of each Eligible Engine and such excess continues for a period of 10 consecutive days without being cured;
(viii) The Quarterly Utilization Rate is less than 75%.
(ix) The failure to pay in full on any Payment Date is greater than eight (8) years; or
a) interest accrued on the Notes, (7b) The Cronos Group shall have a Tangible Net Worth Leverage Ratio in excess of 5:1;
the Class A Minimum Principal Payment Amount and the Class B Minimum Principal Payment Amount, (8) The Cronos Group shall have a Gearing Ratio in excess of 4:1;
(9c) The Agent shall not have received all such documentation that it considers necessary or desirable to perfect the security interest of the Agent on behalf of the Noteholders in the Patents within the time frame set forth in Section 1003 hereof; or
(10) The Agent shall not have received all opinions set forth in Section 1001(e) hereof in form and substance satisfactory to it within five (5) Business Days after the Effective Date. If an Early Amortization Event exists on any Payment Conversion Date, then such Early the Class A Note Distributable Amortization Event shall be deemed to continue until Amount and the earlier of (x) the Business Day immediately preceding the Payment Date on which no Early Class B Note Distributable Amortization Event exists Amount, and (yd) after the Business Day on which Subclass A2/B2 Amortization Commencement Date and before the Majority of Holders waives in writing such Early Amortization Event. Upon the occurrence of an Early Amortization Event of the type set forth in clauses (1), (2), (3), (4), (6) or (7) of this Section 1101Conversion Date, the Agent shall have the right to conduct an annual audit of the Issuer at Issuer's expenseSubclass A-2 Amortization Amount and Subclass B-2 Amortization Amount.
Appears in 1 contract
Samples: Amended and Restated Series 2002 1 Supplement (Willis Lease Finance Corp)