Payment Suspension. Notwithstanding anything in this Note to the contrary, to the extent that the Company and the Holder dispute the amount of any indemnity payment alleged to be due from the Holder to the Company pursuant to and in accordance with the Agreement, then the Company may suspend payment under the Notes (other than any payment due by reason of the prior occurrence of an Event of Default) up to the net amount of such indemnity payments in dispute under the Agreement until such dispute is resolved and such suspension shall not be deemed an Event of Default.
Appears in 3 contracts
Samples: Subordination Agreement (Fao Inc), Subordination Agreement (Right Start Inc /Ca), Subordination Agreement (Right Start Inc /Ca)
Payment Suspension. Notwithstanding anything in this Note to the contrary, to the extent that the Company and the Holder dispute the amount of any indemnity payment alleged to be due from the Holder to the Company pursuant to and in accordance with the Purchase Agreement, then the Company may suspend payment under the Notes this Note (other than any payment due by reason of the prior occurrence of an Event of Default) up to the net amount of such indemnity payments in dispute under the Purchase Agreement until such dispute is resolved and such suspension shall not be deemed an Event of Default.
Appears in 1 contract
Samples: Subordination Agreement (Fao Inc)