Specified Default. An Event of Default occurring under Sections 11.1(a), 11.1(b), 11.1(c) (solely in respect of Borrowers’ failure to comply with (x) the reporting requirements set forth in Section 8.1, (y) the cash management requirements set forth in Section 6.3(c), or (z) the financial covenants set forth in Section 10.3), or 11.1(j).
Specified Default. In the absence of an exercise of the Investor’s Election, the Company may be in default under Sections 8(i) and 8(x) of the Investor Note(s) for failure to pay the outstanding amounts due under the Investor Note(s) (the “Specified Default”).
Specified Default. An Event of Default arising under any of the following paragraphs of Article VIII:
Specified Default. The following events shall constitute a specified default (a “Specified Default”) with respect to the Specified Default Parties:
(i) any breach or violation of any Significant Obligation of (1) CIB, any CIB Shareholder, Inmex or any Inmex Shareholder or KO under this Agreement (including, without limitation, any obligation of CIB, Inmex or KO under any of the Guarantees), the Estatutos or the Subsidiary Estatutos of any Subsidiary, or (2) the Company, any Subsidiary, KO or any Affiliate of KO under any of the Bottler’s Agreements, which breach or violation referred to in clause (1) or (2) of any such Person continues unremedied for at least 90 days after the Non-Defaulting Party has delivered written notice of such breach or violation of all Specified Default Parties; provided, however, that no such breach or violation of an obligation referred to in clause (2) of the Company or any Subsidiary shall constitute a Specified Default unless (I) such obligation is contained in the Specified Bottler’s Contract Provisions and (II) such breach or violation thereof is Attributable To CIB; or
(ii) the commencement by CIB, any CIB Shareholder, Inmex or any Inmex Shareholder or, for so long as Inmex shall be a Majority Owned Subsidiary of KO or KO shall be the legal successor of Inmex, KO of a proceeding for receivership, bankruptcy, insolvency, dissolution, liquidation or reorganization or any similar proceeding; or
(iii) the commencement against CIB, any CIB Shareholder, Inmex or any Inmex Shareholder or, for so long as Inmex shall be a Majority Owned Subsidiary of KO or KO shall be the legal successor of Inmex, KO of any proceeding specified in clause (ii) of this Section 6.1, and such proceeding has resulted in the entry of an order for any relief which shall not have been vacated, discharged, stayed or bonded pending appeal within 60 days from the entry thereof.
Specified Default. As used in this Section 14, the term “Specified Default” means (i) any Default pursuant to Section 9.1(a) or Section 9.1(e) of the Loan Agreement or (ii) any Event of Default.
Specified Default. The Obligors have advised the Purchaser that an Event of Default has occurred and continued from the period of July 1, 2014 to and ending on the date of this Joinder and Limited Waiver under Section 9.5 of the Note Purchase Agreement by reason of the Dissolution, as the Obligors were obligated to at all times preserve and keep in full force and effect their respective corporate existence and their respective corporate existence of each of their respective Subsidiaries.
Specified Default. Each Credit Party acknowledges and agrees that (i) the Specified Default constitutes a material Default or Event of Default that has occurred and is continuing as of the date hereof or may occur during the Second Amendment Period, as the case may be, and (ii) except for the Current Default, no other Events of Default have occurred and are continuing as of the date hereof.
Specified Default. Current Default
Specified Default. An Event of Default under Section 8.01(c) of the Credit Agreement as a result of Company’s failure to enter into a final definitive agreement (including exhibits and schedules as applicable) with respect to the sale of all or substantially all of the Credit Parties’ and their Subsidiaries’ business, as required by Section 5.15(a) of the Credit Agreement.
Specified Default. For the avoidance of doubt, nothing contained in this Amendment is intended, or shall be deemed or construed, to (i) constitute a waiver of the Specified Default or any existing or future Defaults or Events of Default (including any Event of Default arising from the Specified Default) or compliance with any term or provision of the Loan Documents or at law or in equity, (ii) establish a custom or course of dealing between the Borrower, on the one hand, and the Administrative Agent and/or any Lenders, on the other hand, or (iii) waive, alter or impair the obligations or any of the rights or remedies of the Administrative Agent or the Lenders under the Loan Documents, at law or in equity. The Administrative Agent and the Lenders expressly reserve all of their rights, powers, privileges and remedies under the Credit Agreement, the other Loan Documents, applicable law or otherwise with respect to any Default or Event of Default (including the Specified Default) now existing or hereafter arising under the Credit Agreement or any of the other Loan Documents, including (as applicable): (i) the right to declare the commitments to be terminated, (ii) the right to demand immediate full payment of all Obligations owing under the Credit Agreement and the other Loan Documents, (iii) the right to demand default 4886-6992-8312 v.3 interest and (iv) the right to enforce any remedies in respect of assets subject to a security interest in favor of the Administrative Agent, including applying any cash collateral to repay any outstanding Obligations. The failure of the Administrative Agent or any Lender to exercise any such rights, powers, privileges and remedies is not intended, and shall not be construed, to be a waiver of any such Default or Event of Default (including the Specified Default). The Administrative Agent and Lenders may elect to exercise any or all of their rights, at their sole option, at any time hereafter, without the necessity of any further notice, demand or other action on the part of the Administrative Agent or Lenders. To the extent that the Credit Agreement or any other Loan Document prohibits, restricts or limits the use of or reliance on any “basket” by any of the Obligors or any of their respective Subsidiaries upon the occurrence and during the continuance of a Default or Event of Default, or includes any other limitation, restriction or prohibition on certain actions or inactions that may be taken or omitted or otherwise acquiesced to by or on be...
