Other Defaults Under Transaction Documents. The Company or any Company Subsidiary defaults in the performance of or compliance with any material term contained in the Transaction Documents (other than occurrences described in other provisions of this Section 4.1 for which a different grace or cure period is specified or which constitute immediate Events of Default) and such default is not remedied or waived within thirty (30) days after the earlier of (i) receipt by the Company of notice of such default from Holders holding more than fifty percent (50%) of the aggregate outstanding principal amount of the Senior Notes; provided, however, that after payment in full of the Senior Subordinated Securities, Majority Holders shall mean Holders owning more than fifty percent (50%) of the Warrant Securities (the “Majority Holders”) or (ii) actual knowledge of an executive officer of the Company or any Company Subsidiary of such default; or
Appears in 15 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement
Other Defaults Under Transaction Documents. The Company Bank or any Company Bank Subsidiary defaults in the performance of or compliance with any material term contained in the Transaction Documents (other than occurrences described in other provisions of this Section 4.1 for which a different grace or cure period is specified or which constitute immediate Events of Default) and such default is not remedied or waived within thirty (30) days after the earlier of
of (i) receipt by the Company Bank of notice of such default from Holders holding more than fifty percent (50%) of the aggregate outstanding principal amount of the Senior Notes; provided, however, that after payment in full of the Senior Subordinated Securities, Majority Holders shall mean Holders owning more than fifty percent (50%) of the Warrant Securities (the “Majority Holders”) or (ii) actual knowledge of an executive officer of the Company or any Company Subsidiary of such default; or
Appears in 1 contract
Samples: Securities Purchase Agreement