Events of Defaults. If one or more of the following events ("Events of Default") shall have occurred and be continuing:
Events of Defaults. 48 SECTION 6.02.
Events of Defaults. If one or more of the following events ("Events of Default") shall have occurred and be continuing:
(a) the Borrower shall fail to pay (i) on the date when due any principal of any Loan or any Reimbursement Obligation or (ii) within five Domestic Business Days after the date when due any interest on any Loan or Reimbursement Obligation or any fees, commissions or other amounts payable hereunder;
(b) the Borrower shall fail to observe or perform any covenant contained in Sections 5.05, 5.06, 5.07, 5.10, 5.12, 5.13, 5.14 or 5.16;
(c) the Borrower shall fail to observe or perform any covenant contained in Sections 5.08, 5.09, 5.11 or 5.15 for 10 days after the Borrower shall have obtained actual knowledge of such failure or after written notice thereof has been given to the Borrower by the Agent at the request of any Bank;
(d) the Borrower or any Subsidiary Guarantor shall fail to observe or perform any covenant or agreement contained herein or in the Subsidiary Guaranty (other than those covered by clause (a), (b) or (c) above) for 30 days after written notice thereof has been given to the Borrower by the Agent at the request of any Bank;
(e) any representation, warranty, certification or statement made by the Borrower or any of its Subsidiaries in any Financing Document or in any certificate, financial statement or other document delivered pursuant to any Financing Document shall prove to have been incorrect in any material respect when made (or deemed made);
(f) the Borrower or any of its Subsidiaries shall fail to make any payment in respect of any Material Financial Obligations when due or, if later, within any applicable grace period;
(i) any event or condition shall occur which results in the acceleration of the maturity, or requires the early redemption or prepayment, of any Material Financial Obligations or any event or condition shall occur and be continuing which enables (or, with the giving of notice or lapse of time or both, would enable) the holder of any Material Financial Obligations or any Person acting on such holder's behalf to accelerate the maturity, or require the early redemption or prepayment, of such Material Financial Obligations (unless such event or condition shall have been waived and any acceleration or required redemption or prepayment rescinded), provided that the fact that the interest paid on any industrial development revenue bonds ceases to be exempt from federal income taxation shall not constitute an Event of Default unde...
Events of Defaults. The Holder is hereby authorized to declare all or any part of the entire outstanding Principal Indebtedness of this Note plus all Interest accrued thereon (the “Indebtedness”) immediately due and payable upon the occurrence of any of the following events (each, an “Event of Default”):
(a) the failure of Borrower or any Guarantor to pay the First Installment Payment by or the First Installment Payment Date or the entire unpaid Principal Indebtedness of this Note and all accrued Interest hereon on the Final Maturity Date, time being of the essence to all payments due hereunder; or
(b) the breach by Borrower or any Guarantor of any material covenant or agreement on its part to be performed under the Purchase Agreement or any document, instrument or agreement executed and delivered in connection with the transactions contemplated by the Purchase Agreement, which breach, if capable of being cured, is not cured by Borrower within thirty (30) days after written notice of such breach describing in reasonable detail the nature of the alleged breach has been given by Holder to Borrower and the Guarantors; or
(c) the filing by Borrower or any Guarantor of any petition for relief under the United States Bankruptcy Code or any similar federal or state statute, or Borrower’s or Guarantor’s consent to or acquiescence in any such filing by a third party, or Borrower or Guarantor shall take any corporate action for the purpose of effecting, approving, or consenting to any of the foregoing; or
(d) the making by Borrower or any Guarantor of an application for the appointment of a custodian, trustee or receiver for, or of a general assignment for the benefit of creditors by, Borrower, or Borrower’s consent to or acquiescence in any such application by a third party or Borrower shall take any corporate action for the purpose of effecting, approving, or consenting to any of the foregoing; or
(e) the insolvency of Borrower or any Guarantor or the failure of Borrower or any Guarantor generally to pay its debts as such debts become due; or
(f) the dissolution, winding up, or termination of the business or cessation of operations of Borrower or Guarantor (including any transaction or series of related transactions deemed to be a liquidation, dissolution or winding up of Borrower or Guarantor pursuant to the provisions of Borrower’s charter documents), or Borrower or Guarantor shall take any corporate action for the purpose of effecting, approving, or consenting to any of the forego...
Events of Defaults. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default":
13.1.1. Vacation or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law;
13.1.2. Failure to pay Rent on the date when due, the failure continuing for a period of five (5) days after payment is due;
13.1.3. Failure to perform Tenant's covenants hereunder (except default in the payment of Rent); provided, if such default is susceptible of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord;
13.1.4. The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's assets or this leasehold, Tenaxx'x xnsolvency or inability to pay Tenant's debts or failure generally to pay Tenant's debts when due, any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenaxx'x xse of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold;
13.1.5. The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease; or
13.1.6. A default by Tenant beyond any applicable notice and cure period pursuant to the terms of any lease entered into between Landlord and Tenant for space in the Project.
Events of Defaults. 10 13.2. Remedies.......................................................................................11 13.3. Cumulative.....................................................................................12
Events of Defaults. Each of the following events shall be an Event of ------------------ Default hereunder:
(a) Subject to notice to Borrowers and ten (10) days to cure, if any Borrower shall fail to pay when due any principal or interest or any other sum payable to the Lender hereunder or under the other Loan Documents; or
(b) Subject to notice to Borrowers and thirty (30) days to cure, if any Borrower shall default in the observance or performance of any covenants or agreements contained in this Agreement or the other Loan Documents; or
(c) If any representation or warranty made by the Borrowers in this Agreement or any other Loan Documents or in connection with any of the transactions contemplated herein shall prove to have been false or incorrect in any material respect on the date as of which it was made or deemed to have been made; or
(d) If any Borrower shall make an assignment for the benefit or creditors, or shall admit in writing its inability to pay its debts as they become due, or shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking for itself any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file any answer admitting or not contesting the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of all or any substantial part of its properties; or
(e) If, within sixty (60) days after the commencement of any action against any Borrower seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such action shall not have been dismissed or stayed or if, within sixty (60) days after the appointment, without the consent or acquiescence of any Borrower, of any trustee, receiver, or liquidator of any Borrower or any substantial part of any Borrower's properties, such appointment shall not have been vacated; or
(f) If any order, judgment, or decree shall be entered in any proceeding against any Borrower awarding a money judgment or judgments against such Borrower aggregating more than $500,000, and if, within thirty (30) days after entry thereof, such order, judgment or decree shall not have been discharged or execution thereof stayed pending appeal...
Events of Defaults. The Holder is hereby authorized to declare all or any part of the entire outstanding Principal Indebtedness of this Note plus all Interest accrued thereon (the “Indebtedness”)immediately due and payable upon the occurrence and during the continuation of any of the following events (each, an “Event of Default”):
(a) the failure of either Maker to pay the outstanding Principal Amount of this Note and or all accrued Interest hereon when the same shall be due and payable, which failure is not cured by the Maker within five (5) Business Days after written notice of such failure to pay has been given by the Holder to the Maker; or
(b) in the event that the Maker elects to proceed with the OAC Merger, the failure of the Maker to amend the OAC Merger Agreement to acknowledge (i) the existence and enforceability of this Note against the Maker, and (ii) the fact that, upon consummation of the OAC Merger, this Note shall be convertible into OAC Shares
(c) the breach by either Maker of any material covenant or agreement on its part to be performed under the Assignment Agreement or any document, instrument or agreement executed and delivered in connection with the transactions contemplated by the Assignment Agreement, which breach, if capable of being cured, is not cured by such Maker within thirty (30) days after written notice of such breach describing in reasonable detail the nature of the alleged breach has been given by Holder to the Maker, or
(d) the filing by either Maker of any petition for relief under the United States Bankruptcy Code or any similar federal or state statute, or Maker’s consent to or acquiescence in any such filing by a third party, or the Maker shall take any corporate action for the purpose of effecting, approving, or consenting to any of the foregoing; or
(e) the making by either Maker of an application for the appointment of a custodian, trustee or receiver for, or of a general assignment for the benefit of creditors by the Maker, or their consent to or acquiescence in any such application by a third party or the Maker shall take any corporate action for the purpose of effecting, approving, or consenting to any of the foregoing; or
(f) the insolvency of either Maker or the failure of the Maker generally to pay its debts as such debts become due; or
(g) the dissolution, winding up, or termination of the business or cessation of operations of either Maker (including any transaction or series of related transactions deemed to be a liquidation...
Events of Defaults. The events referred to in Clause 9.1 are:
(a) any breach of these Terms or any Additional Terms by me/us; or
(b) any failure by me/us to pay monies of whatever nature when due under these Terms or any Additional Terms; or
(c) when you consider it is necessary for your protection because of margin requirements; or
(d) you are under an obligation to comply with any requirement imposed by the relevant Exchange, Clearing House and/or Applicable Laws and Regulations; or
(e) my/our bankruptcy, insolvency or liquidation, the filing of a petition in bankruptcy or winding up or the commencement of any analogous proceedings against me/us; or
(f) the levying of any attachment against any of the Accounts or my/our other assets; or
(g) any dispute or proceedings amongst my/our directors or shareholders or any of the persons comprising me/us; or
(h) any injunction, prohibition order or similar order is declared on any of my/our assets; or
(i) I/we die or a judicial declaration of incompetence is made in respect of me/us; or
(j) any other matter or event including any regulatory requirement which in your opinion renders termination necessary or advisable in your interests. Any determination of whether an Event of Default has occurred shall be made by using reasonable judgment. I/We undertake to notify you immediately in writing of the occurrence of any such event which does or is likely to constitute an Event of Default (although any failure to so notify you will not prevent an Event of Default from having occurred).
Events of Defaults. The occurrence of any of the following events shall, at Landlord’s option, constitute an “Event of Default”:
