Indenture Defaults. The occurrence and continuation of any one of the following events (whatever the reason for such Indenture Default and whether it shall be voluntary or involuntary or 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) shall constitute a default under this Indenture (each, an “Indenture Default”):
(a) default in the payment of any interest on any Note when the same becomes due and payable, and such default shall continue for a period of 5 days or more;
(b) default in the payment of principal of any Note at the Note Final Scheduled Payment Date or the Redemption Date;
(c) default in the observance or performance of any covenant or agreement of the Issuer made in this Indenture (other than a covenant or agreement, a default in the observance or performance of which is elsewhere in this Section specifically dealt with), or any representation or warranty of the Issuer made in this Indenture or in any certificate or other writing delivered pursuant hereto or in connection herewith proving to have been incorrect in any material respect as of the time when the same shall have been made, and such default shall continue or not be cured, or the circumstance or condition in respect of which such misrepresentation or warranty was incorrect shall not have been eliminated or otherwise cured, for a period of 30 days after there shall have been given, by registered or certified mail, to the Issuer by the Indenture Trustee or to the Issuer and the Indenture Trustee by Noteholders representing at least 25% of the Outstanding Amount, a written notice specifying such default or incorrect representation or warranty and requiring it to be remedied and stating that such notice is a “Notice of Default” hereunder;
(d) the filing of a decree or order for relief by a court having jurisdiction in the premises in respect of the Issuer or any substantial part of the Trust Estate in an involuntary case under any applicable federal or state 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 Issuer or for any substantial part of the Trust Estate, or ordering the winding up or liquidation of the Issuer’s affairs, and such decree or order shall remain unstayed and in effect for a period of 60 consecutive days; or
(e) the commencement by the Issuer of a v...
Indenture Defaults. 21 SECTION 5.02 Acceleration of Maturity; Waiver of Indenture Default....................... 22 SECTION 5.03 Collection of Indebtedness and Suits for Enforcement by Indenture Trustee... 23
Indenture Defaults. Any one of the following events (whatever the reason for such Indenture Default and whether it shall be voluntary or involuntary or 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) shall constitute a default under this Indenture (each, an "Indenture Default"):
(a) default in the payment of any interest on any Note when the same becomes due and payable, and such default shall continue for a period of five days or more;
(b) default in the payment of principal of any Note on the related Note Final Scheduled Payment Date or the Redemption Date;
Indenture Defaults. 27 Section 5.02 Acceleration of Maturity; Waiver of Indenture Default..................................29 Section 5.03 Collection of Indebtedness and Suits for Enforcement by Indenture Trustee..............30 Section 5.04 Remedies; Priorities...................................................................32 Section 5.05 Optional Preservation of the 2000-A SUBI Assets........................................33 Section 5.06 Limitation of Suits....................................................................34 Section 5.07 Unconditional Rights of Senior Noteholders to Receive Principal and Interest...........35 Section 5.08 Restoration of Rights and Remedies.....................................................35
Indenture Defaults. 16 Section 5.2 Acceleration of Maturity; Waiver of Indenture Default... 18 Section 5.3 Collection of Indebtedness and Suits for Enforcement by Indenture Trustee.................................... 18 Section 5.4 Remedies; Priorities.................................... 20 Section 5.5 Optional Preservation of the Transaction SUBI Assets..
Indenture Defaults. The Mortgage cannot be registered for any reason whatsoever; and the priority of the Lien or security interest granted by the Mortgage is impaired or the Mortgage ceases to be a first direct lien and mortgage of the first rank upon the Assets;
Indenture Defaults. 21 TABLE OF CONTENTS (CONTINUED)
Indenture Defaults. With effect on and from the Effective Date, each of the Bondholders hereby acknowledges and agrees that: (i) each and every Default and Event of Default under and as defined in the Pre-Existing Notes Indenture is hereby fully and finally waived; (ii) each and every right of any Bondholders the trustee under the Pre-Existing Notes Indenture to take any action in respect of such Default or Event of Default is fully and finally released; and (iii) any actions taken by a Released Party in connection with the Restructuring and/or the Implementation Documents shall not constitute a breach of, or an event of default under, the Notes or the Notes Instruments.
Indenture Defaults. (a) Neither any Borrower nor any Guarantor is a party to any indenture, loan, or credit agreement, or to any lease or other agreement or instrument, or subject to any charter or corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither any Borrower nor any Guarantor is in default in any respect in the performance, observance, or fulfillment of any of the obligations, covenants, or conditions contained in any agreement or instrument material to its business to which it is a party where such default or the effect thereof could reasonably be expected to result in a Material Adverse Effect.
(b) Neither the making of any Advance nor the issuance of any Letter of Credit will constitute or result in the creation of a Default or an Event of Default (as defined in the Indenture) under the terms and provisions of the Indenture. No Default or Event of Default (as defined in the Indenture) exists under the terms and provisions of the Indenture.
