No Event of Default exists. The Borrower shall borrow additional Loans from the Lenders whose Commitments have been increased and/or prepay any Loans outstanding on the Revolving Credit Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
No Event of Default exists. The Pledgor is a corporation duly organized and validly existing under the laws of the State of Delaware. The Pledgor's name as it appears in official filings in the State of Delaware is FINISAR CORPORATION. The Pledgor's organizational identification number issued by the State of Delaware is 3090879.
No Event of Default exists. The chief place of business and chief executive office of the Pledgor are located at the address first specified above for the Pledgor.
No Event of Default exists. Notwithstanding the provisions of Section 4.5(a)(viii), during the existence of an Event of Default, provided that (i) the conditions set forth in Sections 4.5(a)(i) through (a)(vi) are satisfied, and (ii) Borrower pays, or causes to be paid, to Administrative Agent the Release Consideration required to be paid under the definition thereof (which the parties agree shall be applied in accordance with Section 11.5), then Administrative Agent shall issue partial releases from the Lien of a Mortgage and other Security Documents for (y) the sale, transfer or conveyance by the Borrower or a Subsidiary of any Presold Housing Unit, Lots Under Development, Finished Lots or Land Held for Development pursuant to a valid, bona-fide agreement between the Borrower or a Subsidiary and a third party entered into prior to the occurrence of the applicable Event of Default, or (z) the sale, transfer or conveyance by the Borrower or a Subsidiary of any other Housing Unit, Lots Under Development, Finished Lots or Land Held for Development with the prior written consent of Administrative Agent in its sole discretion.
No Event of Default exists. The Bank is satisfied that there has been no material or adverse change in the financial condition of the Borrower.
No Event of Default exists. The Companies shall hold IWCPFC harmless from any liability with respect to the delay or failure by the Companies to pay any such taxes or charges and shall reimburse TCFC, upon demand, for any such taxes paid by any of them in connection herewith whether or not such taxes shall be correctly or legally asserted or otherwise contested or contestable together with any interest, penalties and expenses in connection therewith.
No Event of Default exists. Within the above-described limits, the Company may borrow under this Section 2.1, prepay pursuant to Section 2.6.1, below, and reborrow under this Section 2.1.
No Event of Default exists. If Borrower shall fail to satisfy any of the foregoing requirements as determined by Lender in its sole discretion, Lender may immediately reinstate the provisions of Section 3.5 relating
No Event of Default exists. Borrower assumes full responsibility for the safety and any consequences of lack of safety with respect to the operation and maintenance of the Equipment; provided that the foregoing shall in no way absolve Vendor or any maintenance contractor of any liability with respect to the Equipment. (t) Any trade names used by Borrower are set forth in EXHIBIT A.
No Event of Default exists. Borrower’s obligation to repay the Loan shall be evidenced by the Real Estate Lien Note substantially in the form of Exhibit “A” attached hereto. The Loan shall be payable as provided in the Real Estate Lien Note attached as Exhibit “A” hereto.
