Events of Default; Acceleration of Maturity. In case one or more of the following Events of Default with respect to a particular series shall have occurred and be continuing:
(a) default in (i) the payment of the principal of (or premium, if any, on) any of the Securities of such series as and when the same shall become due and payable either at maturity, upon redemption, by declaration or otherwise or (ii) any payment required by any sinking or analogous fund established with respect to that series;
(b) default in the payment of any installment of interest upon any of the Securities of such series as and when the same shall become due and payable, and continuance of such default for a period of 90 days;
(c) failure on the part of the Company duly to observe or perform any other of the covenants or agreements on the part of the Company contained in the Securities or in this Indenture for a period of 90 days after the date on which written notice of such failure, requiring the Company to remedy the same, shall have been given to the Company by the Trustee, or to the Company and the Trustee by the holders of at least 25% in aggregate principal amount of the Securities of that series at the time Outstanding;
(d) a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or the Material Subsidiary in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Company or any Material Subsidiary or for any substantial part of their respective property, or ordering the winding-up or liquidation of its affairs and such decree or order shall remain unstayed and in effect for a period of 60 consecutive days;
(e) the Company or the Material Subsidiary shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar official) of the Company or the Material Subsidiary or for any substantial part of their respective property, or shall make any general assignment for the benefit of creditors; or
(f) any other Event of Default provided with respect to Securities of that series; then, if an Event of Default descri...
Events of Default; Acceleration of Maturity. If any one or more of the following events (each an "Event of Default") has occurred and has not been waived by the Lender (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body or otherwise):
(i) the Borrower shall fail to pay, when due, any principal of, or interest on, (a) the Note or (b) any other Debt of the Borrower to the Lender.
(ii) the Borrower shall fail to pay when due, any fees or other amounts payable hereunder and not covered by clause (i) above, if such failure shall continue unremedied for a period of 10 days after notice thereof is given to the Borrower.
(i) the Borrower shall fail to observe or perform any covenant or agreement contained in Sections 7.1, 7.2.3, 7.6.2, 7.7, 7.8, 7.9 or 7.15.
(ii) any Guarantor shall (a) fail to comply with the provisions of its Guaranty, (b) revoke or attempt to revoke such Guarantor's Guaranty in whole or in part or deny the validity or enforceability in whole or in part of such Guarantor's Guaranty or (c) fail to confirm in a writing reasonably satisfactory to the Lender that such Guarantor's Guaranty is enforceable in accordance with its terms within five (5) Business Days following a written request therefor.
8.1.3. the Borrower or any other Person (other than the Lender) shall fail to observe or perform any covenant or agreement contained in this Agreement, the other Loan Documents or the Intercreditor Agreement (other than those covered by Sections 8.1.1 or 8.1.2), for a period of 30 days after written notice specifying such default has been given to such Person by the Lender.
8.1.4. any Loan Party shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its Debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its Property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or becomes in insolvent within the meaning of Section 101(32) of the Title 11 of the United States Code, or ...
Events of Default; Acceleration of Maturity. If an Event of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any governmental authority), then, in addition to the remedies provided for elsewhere in this Note and without limitation thereof, at the option of the Holder exercised by written notice to the Company and subject to the rights of any holder of other indebtedness of the Company, the Holder may (A) foreclose the liens and security interests created under this Note or under any other agreement relating to the Collateral, by any available judicial process, (B) enter any premises where any of the Collateral may be located for the purpose of taking possession or removing the same, and (C) sell, assign, lease or otherwise dispose of the Collateral or any part thereof, either at public or private sale or at any broker’s board, in lots or in bulk, for cash, on credit or otherwise, with or without representations or warranties, and upon such terms as shall be acceptable to the Holder, all at the sole option of the Holder and as the Holder, in its sole discretion, may deem advisable and to the extent permitted by law, the Holder may bid or become a purchaser at any such sale, and the Holder shall have the right, at its option, to apply or be credited with the amount of all or any part of the obligations owing by the Company to the Holder under this Note, against the purchase price bid by the Holder at any such sale. The net cash proceeds resulting from the collection, liquidation, sale, lease or other disposition of the Collateral (including, without limitation a sale where the Holder is the purchaser) shall be applied first to the expenses (including reasonable attorneys’ and other professional fees) of retaking, holding, storing, processing and preparing the Collateral for sale, selling, collecting, liquidating and the like, and then to the satisfaction of all such obligations, application as to particular obligations or against principal or any interest to be in the sole discretion of the Holder. The Holder shall give the Company at least five (5) Business Days prior written notice of the time and place of any public sale of Collateral.
Events of Default; Acceleration of Maturity. If one or more of the following events (herein called “Events of Default”) shall happen, that is to say:
A. default shall be made in the payment of any installment of interest on any Bond issued hereunder when and as the same shall become payable and such default shall continue for the period of fifteen days; or
B. default shall be made in the payment of the principal of any Bond issued hereunder when the same shall become due and payable either by the terms thereof or otherwise as herein provided; or
C. default shall be made in the observance or performance of any covenant, condition or agreement on the part of the Company contained in §7.05, §7.13, §7.14, §7.15, §7.17, §8.01 or 18.02 or in the provisions for any other sinking, amortization, improvement, renewal or other analogous fund established hereunder; or
D. default shall be made in the observance or performance of any other of the covenants and agreements and conditions on the part of the Company in the Bonds hereby secured or in the Indenture contained and such default shall continue for the period of thirty days after written notice specifying such default shall have been given to the Company by the Trustee, or to the Company and the Trustee by the holders of 25% in principal amount of the Bonds then outstanding; or
(i) a court of competent jurisdiction shall make an order not vacated or stayed within sixty (60) days from the date of entry thereof (a) adjudicating the Company a bankrupt, (b) appointing a trustee or receiver of the Company or of any of its properties, or (c) approving a petition for or effecting an arrangement in bankruptcy, a reorganization pursuant to the Federal Bankruptcy Act or any other judicial modification or alteration of the rights of the holders of the Bonds, or of other creditors of the Company, or (ii) the Company shall itself (a) file any petition or (b) take or consent to any other action, seeking any such judicial order, or (iii) the Company shall make an assignment for the benefit of its creditors; or
F. final judgment for the payment of money in excess of $25,000 shall be rendered against the Company or a Subsidiary and the same shall remain undischarged for a period of sixty days during which execution shall not be effectively stayed; or
G. any change shall occur in the laws of the United States or of the Commonwealth of Pennsylvania, either by statutory enactment or by judicial decision, whereby any tax, assessment, lien or charge upon the Trust Estate, or the ...
Events of Default; Acceleration of Maturity. If any one or more of the following events (each an "Event of Default") shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or Governmental Authority or otherwise):
(a) the Borrower shall fail to pay, when due, any principal of any Loan; or
(b) the Borrower shall fail to pay when due, any interest on any Loan, if such failure shall continue unremedied for a period of three (3) days after notice thereof is given to the Borrower; or
(c) the Borrower shall fail to pay, when due, any amounts necessary to reimburse the Issuer for a draw under a Letter of Credit; or
(d) the Borrower shall fail to pay when due, any fees or other amounts payable hereunder and not covered by clauses (a), (b) or (c) above, if such failure shall continue unremedied for a period of ten (10) days after notice thereof is given to the Borrower; or
8.1.2 the Borrower or any Subsidiary shall fail to observe or perform any covenant or agreement contained in Sections 7.1, 7.6.2, 7.7, 7.8, 7.9, 7.15 or 7.19; or
8.1.3 the Borrower or any other Person (other than the Administrative Agent or any Lender or the Issuer) shall fail to observe or perform any covenant or agreement contained in this Agreement or the other Loan Documents (other than those covered by Sections 8.1.1 or 8.1.2), for a period of 30 days after written notice specifying such default has been given to the Borrower by the Administrative Agent; or
8.1.4 the Borrower or any Subsidiary shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or shall take any corporate or other action to authorize any of the foregoing; or
8.1.5 an involuntary case or other proceeding shall be commenced against the Borrower or any ...
Events of Default; Acceleration of Maturity. If any one or more of the following events (each an “Event of Default”) has occurred and has not been waived by the Required Lenders (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body or otherwise):
(i) the Borrower shall fail to pay, when due, any principal of (a) any Note or (b) any other Debt of the Borrower under this Agreement to the Lenders.
(ii) the Borrower shall fail to pay when due, any interest, fees or other amounts payable hereunder and not covered by clause (i) above, if such failure shall continue unremedied for a period of three (3) Business Days.
8.1.2. (i) the Borrower shall fail to observe or perform any covenant or agreement contained in Sections 7.2, 7.4, 7.6.2, 7.7, 7.8, 7.9 , 7.12, 7.15, or 7.16.3.
Events of Default; Acceleration of Maturity. At the option of Xxxxxx and in addition to Xxxxxx’s rights to accelerate the maturity of the indebtedness secured hereby as set forth in the statutory covenants, the entire remaining indebtedness secured by this Mortgage, with interest thereon at the rate set forth in the Note, shall become immediately due and payable in full upon the occurrence of any of the following, each of which is herein referred to as an “Event of Default:”
a. A default by Borrower under the terms of the Note;
b. A default by Borrower in the performance of any other covenants or agreements contained herein;
c. If Borrower shall: (1) apply for or consent to the appointment of a receiver, trustee, or liquidator of itself or of its property; (2) be unable to admit in writing its ability to pay its debts as they mature; (3) make a general assignment for the benefit of creditors; (4) be adjudicated a bankrupt or insolvent; or (5) file a voluntary petition in bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors or take advantage of any insolvency law or file any answer admitting the material allegations of a petition filed against it in any bankruptcy, reorganization, or insolvency proceeding; or
d. The use of the Mortgaged Premises, or any part thereof, by Borrower, or others acting under Xxxxxxxx’s control, for any unlawful activity which is a violation of any local, state or federal law, including without limitation the manufacturing, selling, giving away, bartering, delivering, exchanging, distributing or possession with intent to manufacture, sell, give away, barter, deliver, exchange, or distribute a controlled substance.
Events of Default; Acceleration of Maturity. (a) The occurrence of any one or more of the following continuing beyond applicable notice and cure periods, if any, will constitute an “Event of Default” hereunder:
Events of Default; Acceleration of Maturity. [Senior Notes. In respect of this Note, the occurrence of any of the following events shall constitute an “Event of Default” with respect to this Note:
Events of Default; Acceleration of Maturity. If any one or more of the following events (each an “Event of Default”) has occurred and has not been waived by the Required Lenders (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body or otherwise):
8.1.1 (i) the Borrower shall fail to pay, when due, any principal of (a) any Note or (b) any other Debt of the Borrower to the Lenders.
