Common use of Occurrences of Events of Default Clause in Contracts

Occurrences of Events of Default. Each of the following events shall constitute an “Event of Default” for purposes of this Note: (a) if the Company fails to pay any amount payable, under this Note when due; (b) if the Company breaches any of its representations, warranties or covenants set forth in this Note or the Warrant Agreement; (c) the commencement of an involuntary case against the Company or its subsidiary or any of its subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or the appointing of a receiver, liquidator, assignee, custodian, trustee or similar official of the Company or for any substantial part of the Company or one of its subsidiary’s property, or ordering the winding-up or liquidation of the Company or one of its subsidiary’s affairs; (d) if the Company or any of its subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian or similar official of the Company or its subsidiary or for any substantial part of the Company or one of its subsidiary’s property, or shall make any general assignment for the benefit of creditors, or shall take any corporate action in furtherance of any of the foregoing; or (e) if the Company’s business shall fail, as determined in good faith by the Majority Holders and evidenced by the Company’s inability to pay its ongoing debts as such debts become due.

Appears in 4 contracts

Samples: Note (Ceco Environmental Corp), Note (Ceco Environmental Corp), Second Amended and Restated Replacement Promissory Note (Ceco Environmental Corp)

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Occurrences of Events of Default. Each of the following events shall constitute an "Event of Default" for purposes of this Note: (a1) if the Company fails to pay any amount payable, under this Note when due; (b2) if the Company breaches any of its representations, warranties or covenants set forth in this Note or the Warrant Agreement; (c3) the commencement of an involuntary case against the Company or its subsidiary or any of its subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or the appointing of a receiver, liquidator, assignee, custodian, trustee or similar official of the Company or for any substantial part of the Company or one of its subsidiary’s 's property, or ordering the winding-up or liquidation of the Company or one of its subsidiary’s 's affairs; (d4) if the Company or any of its subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian or similar official of the Company or its subsidiary or for any substantial part of the Company or one of its subsidiary’s 's property, or shall make any general assignment for the benefit of creditors, or shall take any corporate action in furtherance of any of the foregoing; or (e5) if the Company’s 's business shall fail, as determined in good faith by the Majority Holders and evidenced by the Company’s 's inability to pay its ongoing debts as such debts become due.

Appears in 3 contracts

Samples: Note (Ceco Environmental Corp), Subordination Agreement (Ceco Environmental Corp), Note (Ceco Environmental Corp)

Occurrences of Events of Default. Each of the following events shall constitute an "Event of Default" for purposes of this Note: (a) if the Company fails to pay any amount payable, under this Note when due; (b) if the Company breaches any of its representations, warranties or covenants set forth in this Note or the Warrant Agreement; (c) the commencement of an involuntary case against the Company or its subsidiary or any of its subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or the appointing of a receiver, liquidator, assignee, custodian, trustee or similar official of the Company or for any substantial part of the Company or one of its subsidiary’s 's property, or ordering the winding-up or liquidation of the Company or one of its subsidiary’s 's affairs; (d) if the Company or any of its subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian or similar official of the Company or its subsidiary or for any substantial part of the Company or one of its subsidiary’s 's property, or shall make any general assignment for the benefit of creditors, or shall take any corporate action in furtherance of any of the foregoing; or (e) if the Company’s 's business shall fail, as determined in good faith by the Majority Holders and evidenced by the Company’s 's inability to pay its ongoing debts as such debts become due.

Appears in 3 contracts

Samples: Subordination Note (Ceco Environmental Corp), Note Agreement (Ceco Environmental Corp), Subordination Note (Ceco Environmental Corp)

Occurrences of Events of Default. Each of the following events -------------------------------- shall constitute an "Event of Default" for purposes of this Note: (a) if the Company fails to pay any amount payable, under this Note when due; (b) if the Company breaches any of its representations, warranties or covenants set forth in this Note or the Warrant Agreement; (c) the commencement of an involuntary case against the Company or its subsidiary or any of its subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or the appointing of a receiver, liquidator, assignee, custodian, trustee or similar official of the Company or for any substantial part of the Company or one of its subsidiary’s 's property, or ordering the winding-up or liquidation of the Company or one of its subsidiary’s 's affairs; (d) if the Company or any of its subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian or similar official of the Company or its subsidiary or for any substantial part of the Company or one of its subsidiary’s 's property, or shall make any general assignment for the benefit of creditors, or shall take any corporate action in furtherance of any of the foregoing; or (e) if the Company’s 's business shall fail, as determined in good faith by the Majority Holders and evidenced by the Company’s 's inability to pay its ongoing debts as such debts become due.

Appears in 3 contracts

Samples: Note (Ceco Environmental Corp), Note (Ceco Environmental Corp), Note (Ceco Environmental Corp)

Occurrences of Events of Default. Each of the following events shall constitute an “Event of Default” for purposes of this Note: (a) if the Company fails to pay any amount payable, under this Note when due; (b) if the Company breaches any of its representations, warranties or covenants set forth in this Note or the Warrant Agreementagreement issued to Green Diamond setting forth the terms of the warrants issued in connection with the original issuance of the note representing the debt evidenced by this Note; (c) the commencement of an involuntary case against the Company or its subsidiary or any of its subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or the appointing of a receiver, liquidator, assignee, custodian, trustee or similar official of the Company or for any substantial part of the Company or one of its subsidiary’s property, or ordering the winding-up or liquidation of the Company or one of its subsidiary’s affairs; (d) if the Company or any of its subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian or similar official of the Company or its subsidiary or for any substantial part of the Company or one of its subsidiary’s property, or shall make any general assignment for the benefit of creditors, or shall take any corporate action in furtherance of any of the foregoing; or (e) if the Company’s business shall fail, as determined in good faith by the Majority Holders and evidenced by the Company’s inability to pay its ongoing debts as such debts become due.

Appears in 2 contracts

Samples: Fourth Amended and Restated Replacement Promissory Note (Ceco Environmental Corp), Note (Ceco Environmental Corp)

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Occurrences of Events of Default. Each of the following events shall constitute an “Event of Default” for purposes of this Note: (a) if the Company fails to pay any amount payable, under this Note when due; (b) if the Company breaches any of its representations, warranties or covenants set forth in this Note or the Warrant AgreementNote; (c) the commencement of an involuntary case against the Company or its subsidiary or any of its subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or the appointing of a receiver, liquidator, assignee, custodian, trustee or similar official of the Company or for any substantial part of the Company or one of its subsidiary’s property, or ordering the winding-up or liquidation of the Company or one of its subsidiary’s affairs; (d) if the Company or any of its subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian or similar official of the Company or its subsidiary or for any substantial part of the Company or one of its subsidiary’s property, or shall make any general assignment for the benefit of creditors, or shall take any corporate action in furtherance of any of the foregoing; or (e) if the Company’s business shall fail, as determined in good faith by the Majority Holders Holder and evidenced by the Company’s inability to pay its ongoing debts as such debts become due.

Appears in 1 contract

Samples: Replacement Promissory Note (Ceco Environmental Corp)

Occurrences of Events of Default. Each of the following events shall constitute an "Event of Default" for purposes of this Note: (a) : if the Company fails to pay any amount payable, under this Note when due; (b) ; if the Company breaches any of its representations, warranties or covenants set forth in this Note or the Warrant Agreement; (c) Note; the commencement of an involuntary case against the Company or its subsidiary or any of its subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or the appointing of a receiver, liquidator, assignee, custodian, trustee or similar official of the Company or for any substantial part of the Company or one of its subsidiary’s 's property, or ordering the winding-up or liquidation of the Company or one of its subsidiary’s 's affairs; (d) ; if the Company or any of its subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian or similar official of the Company or its subsidiary or for any substantial part of the Company or one of its subsidiary’s 's property, or shall make any general assignment for the benefit of creditors, or shall take any corporate action in furtherance of any of the foregoing; or (e) or if the Company’s 's business shall fail, as determined in good faith by the Majority Holders Holder and evidenced by the Company’s 's inability to pay its ongoing debts as such debts become due.

Appears in 1 contract

Samples: Replacement Promissory Note (Ceco Environmental Corp)

Occurrences of Events of Default. Each of the following events shall constitute an “Event of Default” for purposes of this Note: (a) if the Company fails to pay any amount payable, payable under this Note when dueand such default is not cured within ten (10) days of written notice from the Holder; (b) if the Company breaches any of its representations, warranties or covenants set forth in this Note or the Warrant Agreementand such breach is not cured within thirty (30) days of notice of such breach; (c) the commencement of an involuntary case against the Company or its subsidiary or any of its subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or the appointing of a receiver, liquidator, assignee, custodian, trustee or similar official of the Company or for any substantial part of the Company or one of its subsidiary’s property, or ordering the winding-up or liquidation of the Company or one of its subsidiary’s affairs; (d) if the Company or any of its subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian or similar official of the Company or its subsidiary or for any substantial part of the Company or one of its subsidiary’s property, or shall make any general assignment for the benefit of creditors, or shall take any corporate action in furtherance of any of the foregoing; or (e) if the Company’s business shall fail, as determined in good faith by the Majority Holders Holder and evidenced by the Company’s inability to pay its ongoing debts as such debts become due.

Appears in 1 contract

Samples: Note Purchase Agreement (API Technologies Corp.)

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