Common use of List of Events of Default Clause in Contracts

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an “Event of Default”: (a) Borrower shall fail to pay any of the Loan Indebtedness (including any overadvance) or to pay for any Asset Disposition within ten (10) days of the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwise); (b) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (c) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may waive any financial covenant; (d) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (e) Borrower, Aaron’s or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (f) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s under the Bankruptcy Code (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (g) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s or any Guarantor’s property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (h) Any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s liability thereunder or Aaron’s shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability therefor; (i) any Person, or group of Persons (whether or not related), shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this Agreement; (j) Borrower shall lose its franchise, license or right to lease or to sell the Inventory or Borrower’s Franchise Agreement is terminated or revoked for any reason; (k) Borrower shall fail to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary System; or (l) Borrower shall use its DDA Account for any use other than as explicitly authorized pursuant to this Agreement.

Appears in 2 contracts

Samples: Loan Facility Agreement (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Company, Inc.)

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List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an “Event of Default”: (ai) Borrower shall fail to pay any of the Loan Indebtedness (including any overadvance) or to pay for repay principal as required in connection with any Asset Disposition within ten (10) days of the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwiseotherwise and including any failure to pay resulting from a dishonour of a pre-authorized debit or a return of a pre-authorized debit initiated by Borrower); (bii) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (ciii) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may waive any financial covenant; (div) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or Borrower or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (ev) Borrower, Aaron’s or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (fvi) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s under the Bankruptcy Code BIA or the CCAA (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (gvii) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s or any Guarantor’s property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or (ii) results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (hviii) Any any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s liability thereunder or Aaron’s shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability therefor; (iix) any Person, or group of Persons (whether or not related), shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this Agreement; (jx) Borrower shall lose its franchise, license or right to lease or to sell the Inventory or Borrower’s Franchise Agreement is terminated or revoked for any reason; (kxi) Borrower shall fail to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary System; or; (lxii) Borrower shall use its DDA Account FCTA for any use other than as explicitly authorized pursuant to this Agreement; or (xiii) Borrower shall not have in effect at all times an effective PAD Authorization in respect of the payment of all amounts payable by it hereunder at Set Intervals or shall fail, if so requested by Lender, to execute and deliver a PAD Authorization in respect of any sporadic payment due hereunder.

Appears in 2 contracts

Samples: Loan Facility Agreement (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Company, Inc.)

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an "Event of Default": (a) Borrower shall fail to pay any principal amount of the Loan Indebtedness (including or any overadvance) or to pay for any Asset Disposition within ten (10) days other amount of the Loan Indebtedness on the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwise); (b) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (c) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may waive any financial covenant; (d) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (e) Borrower, Aaron’s Borrower or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (f) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s under the Bankruptcy Code (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (g) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s 's or any Guarantor’s 's property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (h) Any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s 's liability thereunder or Aaron’s shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability thereforthereunder; (i) any Person, or group of Persons (whether or not related)) other than Sponsor or one of its affiliates, shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this AgreementAgreement as shown on Exhibit C; (j) Borrower any of Borrower's Franchise Documents shall lose its franchise, license terminate or right to lease or to sell the Inventory or Borrower’s Franchise Agreement is terminated or be revoked for any reason;, or Borrower shall have received notice from the Sponsor that a default has occurred under any Franchise Documents; or (k) Borrower Sponsor shall fail default in its obligations to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary System; or (l) Borrower shall use its DDA Account for any use other than as explicitly authorized Bank pursuant to this Agreementany agreement between the Bank and Sponsor and Sponsor shall not purchase the Loan, Letters of Credit and Loan Commitment hereunder within five (5) Business Days.

Appears in 2 contracts

Samples: Loan Facility Agreement (Ruby Tuesday Inc), Loan Facility Agreement (Ruby Tuesday Inc)

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an “Event of Default”: (a) Borrower shall fail to pay any of the Loan Indebtedness (including any overadvance) or to pay for any Asset Disposition within ten (10) days of the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwise); (b) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (c) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may Axxxx xxx waive any financial covenant;. (d) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (e) Borrower, Aaron’s Axxxx or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (f) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s Axxxx under the Bankruptcy Code (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (g) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s or any Guarantor’s property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or results in the creation or imposition of any Lien upon any Collateral that is not a Permitted LienCollateral; (h) Any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s liability thereunder or Aaron’s Axxxx shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability therefor; (i) any Person, or group of Persons (whether or not related), shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this Agreement; (j) Borrower shall lose its franchise, license or right to lease or to sell the Inventory or Borrower’s Franchise Agreement is terminated or revoked for any reason; (k) Borrower shall fail to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary System; or (l) Borrower shall use its DDA Account for any use other than as explicitly authorized pursuant to this Agreement.

Appears in 1 contract

Samples: Loan Facility Agreement and Guaranty (Aaron's Inc)

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an “Event of Default”: (ai) Borrower shall fail to pay any of the Loan Indebtedness (including any overadvance) or to pay for repay principal as required in connection with any Asset Disposition within ten (10) days of the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwiseotherwise and including any failure to pay resulting from a dishonour of a pre-authorized debit or a return of a pre-authorized debit initiated by Borrower); (bii) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (ciii) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may Axxxx xxx waive any financial covenant;. (div) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (ev) Borrower, Aaron’s Axxxx or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (fvi) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s Axxxx under the Bankruptcy Code BIA or the CCAA (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (gvii) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s or any Guarantor’s property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or (ii) results in the creation or imposition of any Lien upon any Collateral that is not a Permitted LienCollateral; (hviii) Any any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s liability thereunder or Aaron’s Axxxx shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability therefor; (iix) any Person, or group of Persons (whether or not related), shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this Agreement; (jx) Borrower shall lose its franchise, license or right to lease or to sell the Inventory or Borrower’s Franchise Agreement is terminated or revoked for any reason; (kxi) Borrower shall fail to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary System; or; (lxii) Borrower shall use its DDA Account FCTA for any use other than as explicitly authorized pursuant to this Agreement; or (xiii) Borrower shall not have in effect at all times an effective PAD Authorization in respect of the payment of all amounts payable by it hereunder at Set Intervals or shall fail, if so requested by Lender, to execute and deliver a PAD Authorization in respect of any sporadic payment due hereunder.

Appears in 1 contract

Samples: Loan Facility Agreement and Guaranty (Aaron's Inc)

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an "Event of Default": (a) Borrower shall fail to pay any of the Loan Indebtedness (including any overadvance) or to pay for any Asset Disposition within ten (10) days of the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwise); (b) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (c) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may waive Aarox xxx xxxve any financial covenant;. 171 (d) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation obli gation in accordance with the terms of any agreement with Bank; (e) Borrower, Aaron’s or Aarox xx any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciaryfidu ciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (f) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s under Aarox xxxer the Bankruptcy Code (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (g) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s 's or any Guarantor’s 's property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (h) Any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s 's liability thereunder or Aaron’s shall Aarox xxxll default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability therefor; (i) any Person, or group of Persons (whether or not related), shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this AgreementAgreement as shown on Exhibit B; (j) Borrower shall lose its franchise, license or right to lease rent or to sell the Inventory or Borrower’s Franchise Agreement is terminated or revoked for any reasonInventory; (k) Borrower shall fail to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary ACTS System; or (l) Borrower shall use its DDA Account for any use other than as explicitly authorized pursuant to this Agreement.

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron Rents Inc)

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an "Event of Default": (a) Borrower shall fail to pay any of the Loan Indebtedness (including any overadvance) or to pay for any Asset Disposition within ten (10) days of the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwise); (b) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (c) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s Sponsor may waive any financial covenant;. (d) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation obli gation in accordance with the terms of any agreement with Bank; (e) Borrower, Aaron’s Sponsor or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciaryfidu ciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (f) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s under the Bankruptcy Code (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (g) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s 's or any Guarantor’s 's property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (h) Any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s 's liability thereunder or Aaron’s shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability thereforthereunder; (i) any Person, or group of Persons (whether or not related), shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this AgreementAgreement as shown on Exhibit B; (j) Borrower shall lose its franchise, license or right to lease rent or to sell the Inventory or Borrower’s Franchise Agreement is terminated or revoked for any reasonInventory; (k) Borrower shall fail to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary ACTS System; or (l) Borrower shall use its DDA Account for any use other than as explicitly authorized pursuant to this Agreement.

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron Rents Inc)

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an “Event of Default”: (a) Borrower shall fail to pay any of the Loan Indebtedness (including any overadvance) or to pay for any Asset Disposition within ten (10) days of the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwise); (b) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (c) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may Xxxxx xxx waive any financial covenant;. (d) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (e) Borrower, Aaron’s Xxxxx or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (f) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s Xxxxx under the Bankruptcy Code (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (g) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s or any Guarantor’s property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (h) Any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s liability thereunder or Aaron’s Xxxxx shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability therefor; (i) any Person, or group of Persons (whether or not related), shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this Agreement; (j) Borrower shall lose its franchise, license or right to lease or to sell the Inventory or Borrower’s Franchise Agreement is terminated or revoked for any reason; (k) Borrower shall fail to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary System; or (l) Borrower shall use its DDA Account for any use other than as explicitly authorized pursuant to this Agreement.

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron's Inc)

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an “Event of Default”: (ai) Borrower shall fail to pay any of the Loan Indebtedness (including any overadvance) or to pay for repay principal as required in connection with any Asset Disposition within ten (10) days of the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwiseotherwise and including any failure to pay resulting from a dishonour of a pre-authorized debit or a return of a pre-authorized debit initiated by Borrower); (bii) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (ciii) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may Xxxxx xxx waive any financial covenant;. (div) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or Borrower or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (ev) Borrower, Aaron’s Xxxxx or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (fvi) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s Xxxxx under the Bankruptcy Code BIA or the CCAA (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (gvii) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s or any Guarantor’s property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or (ii) results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (hviii) Any any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s liability thereunder or Aaron’s Xxxxx shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability therefor; (iix) any Person, or group of Persons (whether or not related), shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this Agreement; (jx) Borrower shall lose its franchise, license or right to lease or to sell the Inventory or Borrower’s Franchise Agreement is terminated or revoked for any reason; (kxi) Borrower shall fail to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary System; or; (lxii) Borrower shall use its DDA Account FCTA for any use other than as explicitly authorized pursuant to this Agreement; or (xiii) Borrower shall not have in effect at all times an effective PAD Authorization in respect of the payment of all amounts payable by it hereunder at Set Intervals or shall fail, if so requested by Lender, to execute and deliver a PAD Authorization in respect of any sporadic payment due hereunder.

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron's Inc)

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List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an "Event of Default": (a) Borrower shall fail to pay any of the Loan Indebtedness (including any overadvance) or to pay for any Asset Disposition within ten (10) days of the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwise); (b) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (c) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may waive Aarox xxx xxxve any financial covenant;. (d) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (e) Borrower, Aaron’s or Aarox xx any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (f) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s under the Bankruptcy Code (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (g) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s 's or any Guarantor’s 's property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (h) Any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s 's liability thereunder or Aaron’s shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability thereforthereunder; (i) any Person, or group of Persons (whether or not related), shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this Agreement; (j) Borrower shall lose its franchise, license or right to lease rent or to sell the Inventory or Borrower’s 's Franchise Agreement is terminated or revoked for any reason; (k) Borrower shall fail to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s 's Proprietary System; or (l) Borrower shall use its DDA Account for any use other than as explicitly authorized pursuant to this Agreement.

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron Rents Inc)

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an “Event of Default”: (a) Borrower shall fail to pay any principal amount of the Loan Indebtedness (including or any overadvance) or to pay for any Asset Disposition within ten (10) days other amount of the Loan Indebtedness on the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwise); (b) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (c) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may waive any financial covenant; (d) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (e) Borrower, Aaron’s Borrower or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (f) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s under the Bankruptcy Code (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (g) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s or any Guarantor’s property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (h) Any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s liability thereunder or Aaron’s shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability thereforthereunder; (i) any Person, or group of Persons (whether or not related)) other than Sponsor or one of its affiliates, shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this AgreementAgreement as shown on Schedule 1; (ji) Borrower shall lose its franchise, license or right to lease or to sell the Inventory or any of Borrower’s Franchise Agreement is terminated Documents shall terminate or be revoked for any reason; (k) , or Borrower shall fail to enter properly have received notice from the Sponsor that a default has occurred under any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary SystemFranchise Documents; or (l) Borrower shall use its DDA Account for any use other than as explicitly authorized pursuant to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ruby Tuesday Inc)

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an “Event of Default”: (a) Borrower shall fail to pay any of the Loan Indebtedness (including any overadvance) or to pay for any Asset Disposition within ten (10) days of the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwise); (b) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (c) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may Xxxxx xxx waive any financial covenant;. (d) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (e) Borrower, Aaron’s Xxxxx or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (f) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s Xxxxx under the Bankruptcy Code (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (g) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s or any Guarantor’s property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (h) Any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s liability thereunder or Aaron’s Xxxxx shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability therefor; (i) any Person, or group of Persons (whether or not related), shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this Agreement; (j) Borrower shall lose its franchise, license or right to lease rent or to sell the Inventory or Borrower’s Franchise Agreement is terminated or revoked for any reason; (k) Borrower shall fail to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary System; or (l) Borrower shall use its DDA Account for any use other than as explicitly authorized pursuant to this Agreement.

Appears in 1 contract

Samples: Loan Facility Agreement and Guaranty (Aaron Rents Inc)

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an “Event of Default”: (ai) Borrower shall fail to pay any of the Loan Indebtedness (including any overadvance) or to pay for repay principal as required in connection with any Asset Disposition within ten (10) days of the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwiseotherwise and including any failure to pay resulting from a dishonour of a pre-authorized debit or a return of a pre-authorized debit initiated by Borrower); (bii) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (ciii) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may Xxxxx xxx waive any financial covenant;. (div) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (ev) Borrower, Aaron’s Xxxxx or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (fvi) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s Xxxxx under the Bankruptcy Code BIA or the CCAA (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days); (gvii) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s or any Guarantor’s property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or (ii) results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (hviii) Any any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s liability thereunder or Aaron’s Xxxxx shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability therefor; (iix) any Person, or group of Persons (whether or not related), shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this Agreement; (jx) Borrower shall lose its franchise, license or right to lease or to sell the Inventory or Borrower’s Franchise Agreement is terminated or revoked for any reason; (kxi) Borrower shall fail to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary System; or; (lxii) Borrower shall use its DDA Account FCTA for any use other than as explicitly authorized pursuant to this Agreement; or (xiii) Borrower shall not have in effect at all times an effective PAD Authorization in respect of the payment of all amounts payable by it hereunder at Set Intervals or shall fail, if so requested by Lender, to execute and deliver a PAD Authorization in respect of any sporadic payment due hereunder.

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron's Inc)

List of Events of Default. The occurrence of any one or more of the following conditions or events shall constitute an “Event of Default”: (a) Borrower shall fail to pay any principal amount of the Loan Indebtedness (including or any overadvance) or to pay for any Asset Disposition within ten (10) days other amount of the Loan Indebtedness on the due date thereof (whether due at stated maturity, on demand, upon acceleration or otherwise); (b) any warranty, representation, or other statement by Borrower herein or in any instrument, certificate or financial statement furnished in compliance herewith proves to have been false or misleading in any material respect when made; (c) Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement, any of the other Loan Documents or any other agreement now or hereafter entered into with Bank; Borrower shall fail to abide by the financial covenants set forth in Section 6 hereof, provided that Aaron’s may waive any financial covenant; (d) Borrower or any Guarantor shall fail to pay when due any amount owed to any creditor (other than Bank) or any Guarantor shall fail to pay or perform any liability or obligation in accordance with the terms of any agreement with Bank; (e) Borrower, Aaron’s Borrower or any Guarantor shall cease to be Solvent, shall die or become incompetent, shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, shall make an assignment for the benefit of creditors, or shall make an offer of settlement or composition to their respective unsecured creditors generally; (f) any petition for an order for relief shall be filed by or against Borrower or any Guarantor or Aaron’s under the Bankruptcy Code (if against Borrower or any Guarantor, the continuation of such proceeding for more than 30 days);; CHAR1\900898v4 (g) any judgment, writ of attachment or similar process is entered or filed against Borrower or any Guarantor or any of Borrower’s or any Guarantor’s property and such judgment, writ of attachment or process is not dismissed, satisfied or vacated within ten (10) days thereafter or results in the creation or imposition of any Lien upon any Collateral that is not a Permitted Lien; (h) Any Guarantor shall revoke or attempt to revoke the guaranty signed by such Guarantor or shall repudiate such Guarantor’s liability thereunder or Aaron’s shall default in its obligations to Bank with respect to the Loan Indebtedness or repudiate its liability thereforthereunder; (i) any Person, or group of Persons (whether or not related)) other than Sponsor or one of its affiliates, shall have or obtain legal or beneficial ownership of a majority of the outstanding voting securities or rights of Borrower, other than any Person, or group of Persons, that has such majority ownership on the date of execution of this AgreementAgreement as shown on Exhibit C; (j) Borrower shall lose its franchise, license or right to lease or to sell the Inventory or any of Borrower’s Franchise Agreement is terminated Documents shall terminate or be revoked for any reason;, or Borrower shall have received notice from the Sponsor that a default has occurred under any Franchise Documents; or (k) Borrower Sponsor shall fail default in its obligations to enter properly any acquisition of Inventory or Equipment or any Asset Disposition on the Aaron’s Proprietary System; or (l) Borrower shall use its DDA Account for any use other than as explicitly authorized Bank pursuant to this Agreementany agreement between the Bank and Sponsor and Sponsor shall not purchase the Loan, Letters of Credit and Loan Commitment hereunder within five (5) Business Days.

Appears in 1 contract

Samples: Loan Facility Agreement (Ruby Tuesday Inc)

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