EVENTS OF DEFAULT Events of Default. If any of the following events (any such event, an “Event of Default”) shall occur:
(a) any Loan Party shall fail to pay any principal of any Loan or any reimbursement obligation in respect of any LC Disbursement when and as the same shall become due and payable, whether at the due date thereof or at a date fixed for prepayment thereof or otherwise;
(b) any Loan Party shall fail to pay any interest on any Loan or any interest on any reimbursement obligation in respect of any LC Disbursement or any fee or any other amount (other than an amount referred to in paragraph (a) of this Section 7.01) payable under any Loan Document, when and as the same shall become due and payable, and such failure shall continue unremedied for a period of five Business Days;
(c) any representation or warranty made or deemed made by or on behalf of the Borrower or any of the Subsidiary Loan Parties in or in connection with any Loan Document or any amendment or modification thereof or waiver thereunder, or in any report, certificate, financial statement or other document furnished pursuant to or in connection with any Loan Document or any amendment or modification thereof or waiver thereunder, shall prove to have been incorrect in any material respect (or, if such representation or warranty is qualified as to “materiality,” “Material Adverse Effect” or similar language, in any respect) when made or deemed made;
(d) any Loan Party shall fail to observe or perform any covenant, condition or agreement contained in Section 5.02(a), Section 5.04 (with respect to the existence of the Borrower), Section 5.10 or in Article VI;
(e) any Loan Party shall fail to observe or perform any covenant, condition or agreement contained in any Loan Document (other than those specified in paragraph (a), (b) or (d) of this Section 7.01), and such failure shall continue unremedied for a period of 30 days after the earlier of (i) the date upon which the Administrative Agent has given the Borrower written notice of such failure or (ii) the date on which any Responsible Officer of any Loan Party acquires actual knowledge of such failure;
(f) the Borrower or any of the Restricted Subsidiaries shall fail to make any payment (whether of principal or interest and regardless of amount) in respect of any Material Indebtedness (other than any Material Indebtedness that is owed to the Borrower and/or any Restricted Subsidiary and other than the Loan Document Obligations) when and as the same shall become due and pa...
EVENTS OF DEFAULT Events of Default. An Event of Default occurs if:
(a) the Borrower or any other Security Party fails to pay when due or (if so payable) on demand any sum payable under a Finance Document or under any document relating to a Finance Document and, in the event that such failure to pay is as a result of a banking error, the Borrower or the relevant Security Party has failed to make the payment due
EVENTS OF DEFAULT Events of Default. An “ Event of Default ” is: (i) a default in payment of any amount due hereunder which default continues for more than two (2) business days after the due date thereof; (ii) a default in the timely issuance of Underlying Shares upon and in accordance with terms hereof, which default continues for two (2) Business Days after the Company has received notice informing the Company that it has failed to issue shares or deliver stock certificates within the second ( 2nd ) day following the Conversion Date; (iii) failure by the Company for two (2) days after notice has been received by the Company to comply with any material provision of the Exchange Agreement (including without limitation the failure to issue the requisite number of shares of Common Stock upon conversion hereof and the failure to redeem Notes upon the Holder’s request following a Change in Control Transaction pursuant to Section 1(c); (iv) any default after any cure period under, or acceleration prior to maturity of, any mortgage, indenture or instrument under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company in excess of $50,000 or for money borrowed the repayment of which is guaranteed by the Company in excess of $50,000, whether such indebtedness or guarantee now exists or shall be created hereafter; (v) any failure of the Company to satisfy its “filing” obligations under the rules and guidelines issued by OTC Markets News Service, OTC Xxxxxxx.xxx and their affiliates; (vi) failure of the Company to issue any of the shares of the Company’s Common Stock due the Holder upon conversion of this Note; (vii) failure to have sufficient number of authorized and unreserved, but unissued shares of the Company’s Common Stock available for any said conversion; (viii) any delisting for any reason; (ix) failure of Company’s stock to maintain a bid price in its trading market which occurs for two (2) consecutive days; (x) failure by Company to pay any of its Transfer Agent fees or to maintain a Transfer Agent of record; (xi) failure of the company to remain compliant with DTCC, thus incurring a “Chilled” status with DTCC; (xii) any trading suspension imposed by the Securities and Exchange Commission under Sections 12(j) or 12(k) of the 1934 Act; (xiii) the Company is subject to any Bankruptcy Event; (xiv) any default by the Company on any of its outstanding obligations to the Holder.
EVENTS OF DEFAULT Events of Default. An “Event of Default” shall mean the occurrence or existence of one or more of the following events or conditions:
EVENTS OF DEFAULT Events of Default. Unsubordinated Notes) to be events upon the happening of which a Holder may declare his Notes to be immediately due and repayable;
EVENTS OF DEFAULT Events of Default. An Event of Default shall exist upon the occurrence of any of the following specified events (each an “Event of Default”):
EVENTS OF DEFAULT Events of Default. If any of the following events (“Events of SECTION 7.01 Default”) shall occur:
EVENTS OF DEFAULT Events of Default. For so long as this Agreement remainsSection 8.01 outstanding, upon the occurrence and during the continuance of the following events (“Events of Default”): default shall be made in the payment of any principal of any Loan or any(a) Reimbursement Obligations when and as the same shall become due and payable, whether at the due date thereof (including the Term Loan Maturity Date or Revolving Maturity Date) or at a date fixed for mandatory prepayment thereof or by acceleration thereof or otherwise; default shall be made in the payment of any (x) interest on any Loan or (y)
EVENTS OF DEFAULT Events of Default. If any one or more of the following conditions orSection 8.01. events occur:
EVENTS OF DEFAULT Events of Default. If any one or more of the following conditions or events shall occur: (a)
