Provisions Relating to Events of Default Sample Clauses

Provisions Relating to Events of Default. Subsection 7.14 of the Credit Agreement is hereby amended by adding immediately prior to the “;” at the end thereof the following new proviso: “provided, however, that termination by Company and its Subsidiaries of the Power Supply and Purchase Agreement dated June 28, 1993 in effect on the Closing Date relating to the Bataan Project shall not constitute an Event of Default under this subsection 7.14 (regardless of whether such termination occurred prior to the First Amendment Effective Date), so long as such termination is pursuant to the contractual right of pre-termination in such agreement and Company and its Subsidiaries exercise best efforts thereafter to collect any applicable termination penalty or other obligations owed to Company or any of its Subsidiaries by the counterparty to such agreement”.
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Provisions Relating to Events of Default. A. Subsection 8.14 of the Credit Agreement is hereby amended by adding immediately prior to the ";" at the end thereof the following new provisos: "; provided, however, that termination by Company and its Subsidiaries of any of the Gude Project Agreements, the Penrose Project Agreements, the Xxxta Clara Project Agreemenxx xxx the Toyon Project Agreements shxxx xot constitute an Event of Default under this subsection 8.14, so long as, in each case, (i) such termination is in connection with a sale or closure of the relevant Project that is not prohibited under this Agreement, (ii) such termination occurs on or prior to March 31, 2005, (iii) on or prior to the date of such terminxxxxx, Xxxxxx xxxxx xave received an Officer's Certificate in form and substance satisfactory to Agents from Company acknowledging that such termination will not give rise to any obligations (or accelerate or cause to mature any existing payment obligations) on the part of any Borrower under any guaranty or otherwise, (iv) such termination is pursuant to the contractual right of termination in such agreements or the mutual agreement of the parties thereto, and (v) Company and its Subsidiaries exercise best efforts after such termination to collect any applicable termination penalty or other obligations owed to Company or any of its Subsidiaries by the counterparty to such agreements".
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Provisions Relating to Events of Default. Subsection 8.9 of the Credit Agreement is hereby amended by deleting the reference to "$10,000,000" contained therein and substituting therefor "$13,000,000".
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Provisions Relating to Events of Default. Subsection 8.6(a) of the Credit Agreement is hereby amended by adding immediately prior to the ";" at the end of clause (vii) thereof the phrase "(except that one or more orders or rulings may be entered by the Bankruptcy Court to approve Virginia DEQ Liens, Haripur DSR Liens and Insurance Premium Financing Arrangements, to the extent such Virginia DEQ Liens, Haripur DSR Liens and Insurance Premium Financing Arrangements and any other aspects of such orders or rulings do not otherwise breach any other provision of this Agreement)".
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Provisions Relating to Events of Default. Section 8 of the Credit Agreement is hereby amended by adding at the end thereof the following new subsection 8.16:
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Provisions Relating to Events of Default. A. Subsection 8.6 of the Credit Agreement is hereby amended by adding immediately prior to the ";" at the end thereof the following new parenthetical phrase: "(provided, however, that neither the consummation of the Hennepin Project Restructuring nor the filing of any motion, application or other petition to effect any order or consent to consummate the Hennepin Project Restructuring shall constitute an Event of Default under this subsection 8.6 so long as the Hennepin Project Restructuring Conditions are satisfied)".
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Provisions Relating to Events of Default. A. Subsection 8.6(a) of the Credit Agreement is hereby amended by adding immediately after the word "otherwise" in clause (i) thereof the phrase "(except as provided in the Final Borrowing Order)".
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Provisions Relating to Events of Default. A. Subsection 8.6 of the Credit Agreement is hereby amended by inserting immediately prior to the ")" at the end of the last parenthetical phrase contained therein the following: "; and provided, further, however, that neither the consummation of the Onondaga Project Restructuring nor the filing of any motion, application or other petition to effect any order or consent to consummate the Onondaga Project Restructuring shall constitute an Event of Default under this subsection 8.6 so long as the Onondaga Project Restructuring Conditions are satisfied".
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Provisions Relating to Events of Default 
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Related to Provisions Relating to Events of Default

  • Additional Provisions Relating to Customer 6.1 Representations of Customer and Bank

  • Special Provisions Relating to Euro Each obligation hereunder of any party hereto that is denominated in the National Currency of a state that is not a Participating Member State on the date hereof shall, effective from the date on which such state becomes a Participating Member State, be redenominated in Euro in accordance with the legislation of the European Union applicable to the European Monetary Union; provided that, if and to the extent that any such legislation provides that any such obligation of any such party payable within such Participating Member State by crediting an account of the creditor can be paid by the debtor either in Euros or such National Currency, such party shall be entitled to pay or repay such amount either in Euros or in such National Currency. If the basis of accrual of interest or fees expressed in this Agreement with respect to an Agreed Foreign Currency of any country that becomes a Participating Member State after the date on which such currency becomes an Agreed Foreign Currency shall be inconsistent with any convention or practice in the interbank market for the basis of accrual of interest or fees in respect of the Euro, such convention or practice shall replace such expressed basis effective as of and from the date on which such state becomes a Participating Member State; provided that, with respect to any Borrowing denominated in such currency that is outstanding immediately prior to such date, such replacement shall take effect at the end of the Interest Period therefor. Without prejudice to the respective liabilities of the Borrower to the Lenders and the Lenders to the Borrower under or pursuant to this Agreement, each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time, in consultation with the Borrower, reasonably specify to be necessary or appropriate to reflect the introduction or changeover to the Euro in any country that becomes a Participating Member State after the date hereof; provided that the Administrative Agent shall provide the Borrower and the Lenders with prior notice of the proposed change with an explanation of such change in sufficient time to permit the Borrower and the Lenders an opportunity to respond to such proposed change.

  • OTHER PROVISIONS RELATING TO RIGHTS OF HOLDERS OF WARRANT CERTIFICATES

  • Provisions Relating to Accounts (a) Anything herein to the contrary notwithstanding, each of the Grantors shall remain liable under each of the Accounts to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to each such Account. Neither the Administrative Agent nor any holder of the Secured Obligations shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Agent or any holder of the Secured Obligations of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent or any holder of the Secured Obligations be obligated in any manner to perform any of the obligations of a Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by it or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts that may have been assigned to it or to which it may be entitled at any time or times.

  • Special Provisions Relating to Certain Collateral 13 Section 4.05. Remedies. 15 Section 4.06. Deficiency 17 Section 4.07. Locations, Names, Etc 17 Section 4.08. Private Sale 17 Section 4.09. Application of Proceeds 17 Section 4.10. Attorney in Fact and Proxy 17 Section 4.11. Perfection and Recordation 18 Section 4.12. Termination 18 Section 4.13. Further Assurances 18

  • Provisions Relating to Securitization (a) For so long as an Initial Note Holder or its Affiliate (an “Initial Note Holder Entity”) is the owner of its Note(s), such Initial Note Holder Entity shall have the right, subject to the terms of the Mortgage Loan Documents, to cause the Borrower to execute amended and restated notes or additional notes (in either case “New Notes”) reallocating the principal of its Note(s) or severing its Note(s) into one or more further “component” notes in the aggregate principal amount equal to the then-outstanding principal balance of its Note(s), provided that (i) the aggregate principal balance of the New Notes following such amendments is no greater than the principal balance of the related original Note(s) prior to such amendments, (ii) all New Notes continue to have the same weighted average interest rate as the original Note(s) prior to such amendments, (iii) all New Notes pay pro rata and on a pari passu basis and such reallocated or component notes shall be automatically subject to the terms of this Agreement and (iv) the Initial Note Holder Entity holding the New Notes shall notify the other Holders (or, for any Note that has been contributed to a Securitization, to the trustee and the applicable master servicer of such Securitization) in writing of such modified allocations and principal amounts. In connection with the foregoing, (1) the Master Servicer is hereby authorized to execute amendments to the Loan Agreement and this Agreement (or to amend and restate the Loan Agreement and this Agreement) on behalf of any or all of the Holders solely for the purpose of reflecting such reallocation of principal or such severing of Note(s), (2) if a Note is severed into “component” notes, such component notes shall each have their same rights as the respective original Note (except if such original Note is Note A-1, then the applicable Initial Note Holder shall designate one of the New Notes to take the place of Note A-1 in the definitions of “Directing Holder”, “Lead Note”, “Lead Securitization”, “Non-Directing Holder” and “Servicing Agreement”), and (3) the definition of the term “Securitization” and all of the related defined terms may be amended (and new terms added, as necessary) to reflect the New Notes. Rating Agency Confirmation shall not be required for any amendments to this Agreement required to facilitate the terms of this paragraph 18(a).

  • Agency Provisions Relating to Collateral Each Lender authorizes and ratifies Agent's entry into this Agreement and the Security Documents for the benefit of Lenders. Each Lender agrees that any action taken by Agent with respect to the Collateral in accordance with the provisions of this Agreement or the Security Documents, and the exercise by Agent of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all Lenders. Agent is hereby authorized on behalf of all Secured Parties, without the necessity of any notice to or further consent from any Lender to take any action with respect to any Collateral or the Loan Documents which may be necessary to perfect and maintain perfected Agent's Liens upon the Collateral, for the benefit of the other Secured Parties. Lenders hereby irrevocably authorize Agent, at its option and in its discretion, to release any Lien granted to or held by Agent upon any Collateral (i) upon termination of the Agreement and payment and satisfaction of all Obligations; or (ii) constituting Property in which no Borrower owned any interest at the time the Lien was granted or at any time thereafter; or (iii) in connection with any foreclosure sale or other disposition of Collateral after the occurrence and during the continuance of an Event of Default; or (iv) if approved, authorized or ratified in writing by Agent at the direction of all Lenders. Upon request by Agent at any time, Xxxxxxx will confirm in writing Agent's authority to release particular types or items of Collateral pursuant hereto. Agent shall have no obligation whatsoever to any Lender or to any other Person to assure that the Collateral exists or is owned by any Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant to the Security Documents have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of its rights, authorities and powers granted or available to Agent in this Section 11.7 or in any of the Loan Documents, it being understood and agreed that in respect of the Collateral, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its sole discretion, but consistent with the provisions of this Agreement, including given Agent's own interest in the Collateral as a Lender and that Agent shall have no duty or liability whatsoever to any Lender.

  • Definitions of Key Terms Relating to Additional Rent As used in this Article 4, the following terms shall have the meanings hereinafter set forth:

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