Financially Curable Defaults Sample Clauses

Financially Curable Defaults. The following Defaults or Events of Default shall constitute "Financially Curable Defaults" (so referred to herein): (i) payment defaults, whether with respect to the Liabilities, or otherwise; (ii) breach of Financial Performance Covenants, and (iii) breach of Availability and Borrowing Base requirements. (a) Upon any Borrower becoming In Default or upon the occurrence of any Event of Default with respect to Financially Curable Defaults, the Agent shall provide written notice thereof to the Borrowers and to the ▇▇▇▇ Disney Companies. The notice shall set forth the actions necessary to be taken, and the amount of cash required to be paid to the Agent by either the Borrowers and/or a third party on their behalf to so implement the cure required by the Agent. The Borrowers acknowledge that any such cure may be further conditioned upon the Borrowers and/or such third party reimbursing the Agent for all costs and expenses incurred incidental to the Default or Event of Default and the implementation of the cure, including attorneys fees and expenses, as well as the assessment by the Lender and the payment by the Borrowers and/or such third party of an appropriate waiver fee in an amount to be determined by the Agent, in the Agent's sole and exclusive discretion. (b) Any such cure shall be implemented to the satisfaction of the Agent, in its reasonable discretion, and the required amounts paid to the Agent, within Five (5) Business Days of delivery of the notice from the Agent. If the Borrowers and/or such third party do in fact implement the steps and make the payment required by the Agent, then the Agent shall deliver written confirmation thereof, whereupon the Default or Event of Default shall be deemed cured and the Revolving Credit shall be reinstated.