Forbearance Termination Events. Nothing set forth herein or contemplated hereby is intended to constitute an agreement by Wachovia to forbear from exercising any of the rights or remedies available to Wachovia under the Repurchase Documents, Master Agreement or Applicable Law (all of which rights and remedies are hereby expressly reserved by Wachovia) upon or after the occurrence of a Forbearance Termination Event. As used herein, a "Forbearance Termination Event" shall mean the occurrence of any of the following: (a) any breach of or default under any term or provision of this Agreement by any Quadra Entity, (b) any Default (as defined in the Repurchase Agreement), any Event of Default (as defined in the Repurchase Agreement) under any of the Repurchase Documents other than the Existing Repurchase Event of Default, any Termination Event (as defined in the Master Agreement) or any Event of Default (as defined in the Master Agreement) under the Swap Documents other than the Existing Swap Event of Default, (c) any breach of a representation, warranty or covenant contained in this Agreement by any Quadra Entity, (d) the earlier of (i) sixty (60) calendar days from the date of this Agreement and (ii) the date on which any of the Quadra Entities enters into a contract or arrangement with a Person (other than the Hypo Entities, as defined below) for, or that, upon consummation, would result in (A) a merger, consolidation, amalgamation or similar event of any Quadra Entity or (B) any Change of Control or (e) the Quadra Entities fail to pay all Obligations due under the Repurchase Documents and all obligations and liabilities due under the Swap Documents in full within one (1) Business Day of the occurrence of any of the following: (i) the Plan of Merger (defined below) is not consummated for any reason, (ii) the Agreement and Plan of Merger, dated as of January 28, 2008, executed in connection with the Plan of Merger is terminated, cancelled, rescinded or is unenforceable for any reason or (iii) the tender offer described in the Offer to Purchase for Cash dated February 13, 2008 initiated in connection with the Plan of Merger fails, is unsuccessful or is otherwise not consummated for any reason. The period from the date hereof to (but excluding) the date that a Forbearance Termination Event occurs shall be referred to as the "Forbearance Period".
Forbearance Termination Events. Nothing set forth herein or contemplated hereby is intended to constitute an agreement by the Administrative Agent or the Lenders to forbear from exercising any of the rights and remedies available to them under the Credit Agreement, the other Loan Documents or applicable law (all of which rights and remedies are hereby expressly reserved by the Administrative Agent and the Lenders) upon or after the occurrence of a Forbearance Termination Event. As used herein, “Forbearance Termination Event” shall mean the occurrence of any of the following:
Forbearance Termination Events. Nothing set forth herein or contemplated hereby is intended to constitute an agreement by the Administrative Agent or the Lenders to forbear from exercising any of the rights available to the Administrative Agent or the Lenders under the Loan Documents or Requirements of Law (all of which rights and remedies are hereby expressly reserved by the Administrative Agent and the Lenders) upon or after the occurrence of a Forbearance Termination Event. As used herein, a “Forbearance Termination Event” shall mean the earliest of the following to occur: (a) any Default or Event of Default under the Credit Agreement or any other Loan Document other than the Existing Events of Default, (b) any breach by the Borrowers of any representation, obligation, agreement or covenant under this Agreement and (c) June 11, 2016. The period from the date hereof to (but excluding) the earliest date that a Forbearance Termination Event occurs shall be referred to as the “Forbearance Period”.
Forbearance Termination Events. Nothing set forth herein or contemplated hereby is intended to constitute an agreement by the Agent or the Lenders to forbear from exercising any of the rights available to them under the Credit Agreement, the other Loan Documents, or applicable law (all of which rights and remedies are hereby expressly reserved by the Agent and the Lenders) upon or after the occurrence of a Forbearance Termination Event. As used herein, a "Forbearance Termination Event" shall mean the earliest to occur of: (a) any Event of Default under any of the Loan Documents other than the Acknowledged Events of Default; (b) any Default under any of the Loan Documents, provided that a Default under the Loan Documents shall constitute a Forbearance Termination Event hereunder only if it remains uncured after the earlier of (i) the expiration of any cure period provided under the applicable Loan Document, (ii) ten (10) days from the date that the Default first existed, and (iii) December 31, 2001; (c) a breach by the Borrower of any term or condition of this Agreement; and (d) December 31, 2001. The period from the Closing Date to (but excluding) the date that a Forbearance Termination Event occurs shall be referred to as the "Forbearance Period".
Forbearance Termination Events. The agreement of the Specified Senior Lenders to forbear from exercising certain remedies against the Non-Debtor Obligors pursuant to this Article IV hereof shall immediately terminate and be of no further force and effect upon the election of a majority in interest of the Specified Senior Lenders (the date of such election, the “Forbearance Termination Date”) at any time after the occurrence of any of the following:
(a) failure to file the Bankruptcy Filings on or before January 7, 2009; or
(b) the occurrence of the “Maturity Date” as defined in the documentation governing any debtor-in-possession financing provided to the Debtors in the Cases (the “DIP Documentation”); or
(c) The occurrence of an Event of Default as defined in the DIP Documentation.
Forbearance Termination Events. Nothing set forth herein or contemplated hereby is intended to constitute an agreement by the Agent or the Lenders to forbear from exercising any of the rights available to them under the Credit Agreement, the other Credit Documents, or applicable law (all of which rights and remedies are hereby expressly reserved by the Agent and the Lenders) upon or after the occurrence of a Forbearance Termination Event (as defined below). As used herein, a “Forbearance Termination Event” shall mean the earliest to occur of: (a) any Default or Event of Default under any of the Credit Documents other than the Acknowledged Events of Default; (b) any breach of this Agreement by the Borrower or any of the Guarantors; (c) the Company’s receipt of a notice of a default under the Convertible Bonds and the expiration of any applicable grace periods before such default is cured; and (d) April 22, 2005. The period from the Closing Date to (but excluding) the date that a Forbearance Termination Event occurs shall be referred to as the “Forbearance Period.”
Forbearance Termination Events. Nothing set forth herein or contemplated hereby is intended to constitute an agreement by the Administrative Agent or the Lenders to forbear from exercising any of the rights or remedies available to them under the Loan Documents or under applicable law (all of which rights and remedies are hereby expressly reserved by the Administrative Agent and the Lenders) upon or after the occurrence of a Forbearance Termination Event. As used herein, a “Forbearance Termination Event” shall mean the occurrence of any of the following: (a) any breach of this Agreement (including without limitation, the financial covenants set forth in Section 7 below) by any Loan Party, (b) any Event of Default under the Credit Agreement or any other Loan Document other than the Covenant Defaults, the Reporting Default, the 10Q Default, the Good Standing Defaults, the Vendor Defaults and the Overadvance Defaults or (c) November 25, 2009. The period from the date hereof to (but excluding) the date that a Forbearance Termination Event occurs shall be referred to as the “Forbearance Period”.
Forbearance Termination Events. The occurrence of any one or more of the following (each a "FORBEARANCE TERMINATION EVENT") shall constitute a Forbearance Termination Event under this Agreement:
Forbearance Termination Events. Nothing set forth herein or contemplated hereby is intended to constitute an agreement by the Administrative Agent, the Liquidity Agent or the Lender to forbear from exercising any of the rights available to them under the Loan Agreement, the other Transaction Documents, or applicable law (all of which rights and remedies are hereby expressly reserved by the Administrative Agent, the Liquidity Agent and the Lender) upon or after the occurrence of a Forbearance Termination Event. As used herein, a “Forbearance Termination Event” shall mean the earliest to occur of: (a) any Unmatured Event of Default or Event of Default under any of the Transaction Documents other than the Acknowledged Loan Agreement Event of Default; (b) a breach by any Loan Party of any term or condition of this Agreement (other than the reporting covenants specified in Section 4(a) or (b) below); (c) a “Forebearance Termination Event” shall occur under (and as defined in) the Credit Agreement Forebearance and (d) June 15, 2006. The period from the date hereof to (but excluding) the date that a Forbearance Termination Event occurs shall be referred to as the “Forbearance Period”.
Forbearance Termination Events. Nothing set forth herein or contemplated hereby is intended to constitute an agreement by the Administrative Agent or the Lenders to forbear from exercising any of the rights available to them under the Credit Agreement, the other Loan Documents, or applicable law (all of which rights and remedies are hereby expressly reserved by the Administrative Agent and the Lenders) upon or after the occurrence of a Forbearance Termination Event. As used herein, a “Forbearance Termination Event” shall mean the earliest to occur of: (a) any Default or Event of Default under any of the Loan Documents other than the Acknowledged Events of Default; (b) a breach by any Loan Party of any term or condition of this Agreement; (c) for any period of more than three days (or one day, to the extent resulting from a default under the Loan and Servicing Agreement among TRM Inventory Funding Trust, DZ Bank AG and the others party thereto), the Borrowers or any of their Subsidiaries shall not have access to cash (from sources other than Credit Extensions under the Credit Agreement) to service at least 80% of their ATM machines (for which they are required to supply cash) at the present level, regardless of what causes such loss of access to cash and (d) June 15, 2006. The period from the date hereof to (but excluding) the date that a Forbearance Termination Event occurs shall be referred to as the “Forbearance Period”.
