Specified Events of Default. The occurrence of any one or more of the following events shall constitute an “Event of Default”:
Specified Events of Default. Borrowers acknowledge that as of the date hereof they are and remain in default of the Financial Covenants for Fixed Charge Coverage Ratio, EBITDA and the Leverage Ratio as set forth in Section 6.10 and Annex G, clauses (b), (c) and (d) of the Credit Agreement and as set forth on Schedule A hereto (the "Specified Events of Default").
Specified Events of Default. An Event of Default pursuant to Section 8.01(l) or 8.01(m) that occurs solely with respect to Borrower’s Affiliates or Subsidiaries shall have no impact on the Freddie Mac Servicing Contract Rights or the Collateral, and while the Lender shall have the right to exercise its rights or remedies pursuant to this Agreement, it shall not exercise its rights under the UCC or the Freddie Mac Acknowledgment Agreement with respect to the Freddie Mac Servicing Contract Rights, the Freddie Mac Servicing Contract or the Collateral as a result of an Event of Default caused that occurs solely with respect to Borrower’s Affiliates or Subsidiaries pursuant to Section 8.01(l) or 8.01(m).
Specified Events of Default. 1. The Credit Parties failed to comply with the Total Leverage Ratio covenant for the fiscal quarter ended September 30, 2023, as required by Section 5.9(a) of the Credit Agreement, which constitutes an Event of Default pursuant to Section 7.1(c)(i) of the Credit Agreement.
Specified Events of Default. Each of the following specified events hereby constitutes and is herein referred to individually as an “Event of Default,” it being understood that an Event of Default shall not be deemed to have occurred until the cure period set forth in the applicable Section below, if any, shall have expired, other than with respect to the calculation of Default Interest if such Event of Default is not cured within the applicable cure period hereunder or in the relevant agreement:
Specified Events of Default. 1. The Loan Parties may not be able to maintain the amount of Unrestricted Cash required under Section 7.16(a) of the Credit Agreement, which would constitute a Default of Section 7.16(a) of the Credit Agreement and an Event of Default under Section 8.01(c) of the Credit Agreement.
Specified Events of Default. Each Obligor acknowledges and agrees that (a) the Specified Events of Default have occurred and continue to exist as of the Effective Date, and (b) absent the agreement of the Required Lenders to forbear from taking Enforcement Actions, the occurrence and continuance of the Specified Events of Default entitles the Administrative Agent, the Collateral Trustee and/or the Lenders to at any time take Enforcement Actions.
Specified Events of Default. (a) Subject to the requirements of Sections 4.4 and 4.7, Events of Default under Section 9.01(a) of the Credit Agreement due to the failure to repay the Obligations upon the acceleration thereof as a result of the commencement of the Chapter 11 Case.
Specified Events of Default. 1. Borrower did not make cash payments of principal and interest that were due and payable as of November 30, 2023 under Section 2.02(a) and Section 2.02(b)(i) of the Credit Agreement on such date or within any grace period applicable thereto, which constitutes an Event of Default under Section 8.01(a) of the Credit Agreement. Exhibit A (Fourth Amended and Restated Credit Agreement) to Limited Waiver and Consent, Fourth Amendment and Restatement of Credit Agreement and Reaffirmation of Loan Documents EXHIBIT A FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (See Attached) Exhibit A (Fourth Amended and Restated Credit Agreement) to Limited Waiver and Consent, Fourth Amendment and Restatement of Credit Agreement and Reaffirmation of Loan Documents FOURTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 22, 2023 among AIRSPAN NETWORKS INC., as Borrower, AIRSPAN NETWORKS HOLDINGS INC. (formerly known as New Beginnings Acquisition Corp) as Holdings and as a Guarantor, and CERTAIN SUBSIDIARIES OF HOLDINGS, as Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO and DBFIP ANI LLC, as Administrative Agent and Collateral Agent (which amends and restates that certain Third Amended and Restated Credit Agreement dated as of November 14, 2023, which amended and restated that certain Second Amended and Restated Credit Agreement dated as of May 18, 2023, which amended and restated that certain Amended and Restated Credit Agreement dated as of August 13, 2021 (as further amended by that certain Third Amendment and Waiver to Credit Agreement and Other Loan Documents dated as of March 29, 2022 and that certain Fourth Amendment, Limited Waiver and Consent Under Credit Agreement and Other Loan Documents dated as of November 14, 2022), which amended and restated that certain Credit Agreement dated as of December 30, 2020) TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND ACCOUNTING TERMS 2 SECTION 1.01 Defined Terms 2 SECTION 1.02 Other Interpretative Provisions 69 SECTION 1.03 Rounding 71 SECTION 1.04 Divisions 71 SECTION 1.05 Cashless Rolls 71 SECTION 1.06 Rates 71 SECTION 1.07 Currencies 72 ARTICLE II LOANS AND TERMS OF PAYMENT 72 SECTION 2.01 Term Loans 72 SECTION 2.02 Interest; Fees; Evidence of Debt; Payments 81 SECTION 2.03 Taxes 88 SECTION 2.04 Ratable Sharing; Pro Rata Shares; Availability of Funds 92 SECTION 2.05 Benchmark Replacement Settings 93 SECTION 2.06 Increased Costs; Capital Requirements 94 SECTION 2.07 Application of Prepayments/Reductions 95 SECTIO...
Specified Events of Default. 1. Borrower failed to deliver within 30 calendar days after the end of each month (including the last month of each fiscal quarter and of each fiscal year) (a) consolidated financial statements for Borrower and its Subsidiaries under Section 11(a) of the Secured Bridge Note and (b) a certificate executed by the chief financial officer of Borrower certifying the items set forth in Section 11(a) of the Secured Bridge Note, in each case for periods ending up through and including March 30, 2009, which failure constituted an Event of Default under Section 13(q)(3) of the Secured Bridge Note.
