Indenture Events of Default. The following events shall constitute "Indenture Events of Default" and each such Indenture Event of Default shall be deemed to exist and continue so long as, but only so long as, it shall not have been remedied:
(a) default by the Company in making any payment when due of any principal of or premium (if any) on, any Equipment Note;
(b) default by the Company in making any payment when due of any interest on any Equipment Note, and the continuance of such default unremedied for 10 Business Days after the same shall have become due and payable;
(c) any failure by the Company or the Guarantor to observe or perform in any material respect any covenant or obligation of it, in this Indenture or the Equipment Notes if, but only if, such failure is not remedied within a period of 120 days after there has been given to the Company or the Guarantor, as the case may be, by the Trustee or the Holders of 25% or more in aggregate principal amount of the Equipment Notes then outstanding a written notice specifying such failure and requiring it to be remedied;
(d) any representation or warranty made by the Company hereunder, or by any representative of the Company in any document or certificate furnished to the Trustee in connection herewith or pursuant hereto, shall prove at any time to have been incorrect in any material adverse respect as of the date made and such incorrectness shall remain material and unremedied for a period of 120 days after the date on which there has been given to the Company by the Trustee or the Holders of 25% or more in aggregate principal amount of the Equipment Notes then outstanding a written notice specifying such incorrectness;
(e) the Guarantee shall cease to be in full force and effect or the Guarantor shall take any action to seek to have the Guarantee declared void or unenforceable;
(f) either the Company or the Guarantor shall (i) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect, or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or (ii) consent to any such relief or to the appointment of or taking possession by any such official in any voluntary case or other proceeding commenced against it, or (iii) admit in writing its inability to pay its debts generally as they come due, o...
Indenture Events of Default. Indenture Event of Default" means any of the following events (whatever the reason for such Indenture Event of Default and whether such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body):
Indenture Events of Default. As defined in Section 5.01 of the Indenture.
Indenture Events of Default. As defined in Section 5.01 of the Indenture. Indenture Trustee: U.S. Bank National Association, not in its individual capacity but solely as Indenture Trustee, or any successor in interest.
Indenture Events of Default not attributable to a Lease Event of Default or a Manager Default; and (E) failure by Owner Trustee, Indenture Trustee or Pass Through Trustee, respectively, to distribute any amounts held by it in accordance with the Operative Agreements; and
Indenture Events of Default. One or more of the following events shall constitute an "Indenture Event of Default":
(a) the Issuer shall default in the payment or prepayment when due of any principal of, or interest, or any applicable Make-Whole Amount, Yield Protection Amount, or Breakage Amount on any Note, or any fees or other amount payable by it hereunder or under any other Credit Document and such default, other than a default of a payment or prepayment of principal or applicable Make-Whole Amount and Breakage Amount (which shall have no cure period), shall continue unremedied for a period of five (5) Business Days; or
(b) any representation, warranty or certification at any time made or deemed made herein or in any other Credit Document by the Issuer or the Parent, or any certificate furnished to any Purchaser or other holder of any Note or the Trustee pursuant to the provisions hereof or any other Credit Document, shall prove to have been false or misleading as of the time made or furnished in any material respect; or
(c) the Issuer shall default in the performance of any of its obligations under Sections 7.3(d)(ii), 7.12 and 7.14, Article 8 or any other Article of this Indenture other than under Article 7 (with the exception of Sections 7.3(d)(ii), 7.12 and 7.14) or in any obligation to maintain insurance as required by this Agreement or the First Naval Mortgage; or the Issuer shall default in the performance of any of its obligations under Article 7 (with the exception of Sections 7.3(d)(ii), 7.12 and 7.14) or any other Credit Document (other than the payment of amounts due which shall be governed by Section 6.1(a)), and such default shall continue unremedied (or unwaived) by Issuer or Parent for a period of thirty (30) days (or, in the case of the Shell Contract (i) such additional time, not to exceed thirty (30) additional days, if Issuer or Parent has promptly commenced and is diligently pursuing a cure or (ii) such shorter period of time as is required to effect a cure under the Shell Contract for a default under the Shell Contract) after the earlier to occur of (x) notice thereof to the Issuer by the Trustee or any Note Holder and (y) the date when a Responsible Officer of the Issuer has actual knowledge of the existence of such default; or
(d) the Issuer shall admit in writing its inability to, or be generally unable to, pay its debts as such debts become due; or
(e) the Issuer shall (i) apply for or consent to the appointment of, or the taking of possession by, a recei...
Indenture Events of Default. The term "Indenture Event of Default" shall mean any of the following events, and any such event shall continue to be an Indenture Event of Default if and for so long as it shall not have been remedied or waived:
Indenture Events of Default. Indenture Event of --------------------------- ------------------- Default" means any of the following events (whatever the reason for such ------- Indenture Event of Default and whether such event shall be voluntary or involuntary or come about or be effected by operation of law or be pursuant to or in compliance with any judgment, decree or order of any court or any Governmental Rule):
(a) any payment of principal of, Make-Whole Amount, if any, or interest on any Secured Note shall not have been made on or prior to the tenth (10th) Business Day after the same shall have become due and payable; or
Indenture Events of Default. 74 Section 9.2. Repo Event of Default and Repo Trigger Event. 74 Section 9.3. Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. 75 Section 9.4. Remedies. 77 Section 9.5. Application of Money Collected. 78 Section 9.6. Sale of Collateral. 78 Section 9.7. Waiver of Events of Default. 82
Indenture Events of Default. 32 Section 8.02. Acceleration; Rescission and Annulment . . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 8.03. Other Remedies Available to Indenture Trustee . . . . . . . . . . . . . . . . . . . . . . 35 Section 8.04. Waiver of Owner Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Section 8.05. Waiver of Existing Defaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 TRUST INDENTURE AND SECURITY AGREEMENT [N604SW] -ii- 4 Section 8.06. Control by Majority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Section 8.07. Limitation on Suits by Holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Section 8.08. Rights of Holders to Receive Payment . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Section 8.09. Indenture Trustee May File Proofs of Claim . . . . . . . . . . . . . . . . . . . . . . . 42 ARTICLE 9
