Additional Events of Default The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Lease Events of Default The following events shall constitute Lease Events of Default hereunder (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body) and each such Lease Event of Default shall be deemed to exist and continue so long as, but only as long as, it shall not have been remedied:
Events of Default, Etc During the period during which an Event of Default shall have occurred and be continuing:
Events of Default and Termination Events (i) The following provisions of Section 5 will not apply to either Party A or Party B: Section 5(a)(ii) Section 5(a)(iii) Section 5(a)(iv) Section 5(a)(v) Section 5(a)(vi) Section 5(b)(iii) Section 5(b)(iv)
Events of Default; Notice (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital Securities and the Guarantor, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, however, that the Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Securities.
Events of Default Acceleration Etc 78 §12.1 Events of Default and Acceleration. 78 §12.2 Limitation of Cure Periods. 81 §12.3 [RESERVED]. 81 §12.4 Remedies. 81 §12.5 Distribution of Collateral Proceeds. 81 §13. SETOFF 82 §13.1 Setoff. 82 §13.2 Sharing of Payments by Lenders. 83 §14. THE AGENT 84 §14.1 Authorization. 84 §14.2 Employees and Agents. 84 §14.3 No Liability. 84 §14.4 No Representations. 85 §14.5 Payments. 86 §14.6 Holders of Notes. 88 §14.7 Indemnity. 88 §14.8 Agent as Lender. 89 §14.9 Resignation. 89 §14.10 Duties in the Case of Enforcement. 90 §14.11 Request for Agent Action. 90 §14.12 Removal of Agent. 90 §14.13 Bankruptcy. 91 §15. EXPENSES 91 §16. INDEMNIFICATION 92 §17. SURVIVAL OF COVENANTS, ETC. 93 §18. ASSIGNMENT AND PARTICIPATION 93 §18.1 Conditions to Assignment by Lenders. 93 §18.2 Register. 95 §18.3 New Notes. 95 §18.4 Participations. 96 §18.5 Pledge by Lender. 96 §18.6 No Assignment by Borrower. 96 §18.7 Cooperation; Disclosure. 96 §18.8 Mandatory Assignment. 97 §18.9 Co-Agents. 98 §18.10 Treatment of Certain Information; Confidentiality. 98 §19. NOTICES 98 §20. RELATIONSHIP 000 §00. GOVERNING LAW; CONSENT TO JURISDICTION AND SERVICE 100 §22. HEADINGS 000 §00. COUNTERPARTS; INTEGRATION; EFFECTIVENESS; ELECTRONIC COMPOSITIONS 101 §24. ENTIRE AGREEMENT, ETC. 000 §00. WAIVER OF JURY TRIAL AND CERTAIN DAMAGE CLAIMS 000 §00. DEALINGS WITH THE BORROWER 103 §27. CONSENTS, AMENDMENTS, WAIVERS, ETC. 000 §00. SEVERABILITY 105 §29. NO UNWRITTEN AGREEMENTS 000 §00. ACKNOWLEDGMENT OF INDEMNITY OBLIGATIONS 000 §00. REPLACEMENT OF NOTES 000 §00. TIME IS OF THE ESSENCE 000 §00. RIGHTS OF THIRD PARTIES 000 §00. GUARANTY 106 §34.1 The Guaranty. 106 §34.2 Obligations Unconditional. 106 §34.3 Reinstatement. 107 §34.4 Certain Waivers. 108 §34.5 Remedies. 108 §34.6 Rights of Contribution. 109 §34.7 Guaranty of Payment; Continuing Guaranty. 109 §34.8 Special Provisions Applicable to Guarantors. 109 EXHIBITS AND SCHEDULES Exhibit A Form of Revolving Note Exhibit A-1 Form of Swing Line Note Exhibit B Form of Compliance Certificate Exhibit C Form of Assignment and Assumption Agreement Exhibit D Form of Request for Revolving Loan Exhibit D-1 Form of Request for Swing Line Loan Exhibit E Form of Borrowing Base Certificate Exhibit F Patriot Act and OFAC Transferee and Assignee Identifying Information Form Exhibit G Joinder Agreement (Guarantor) Exhibit H-1 Form of U.S. Tax Compliance Certificate Exhibit H-2 Form of U.S. Tax Compliance Certificate Exhibit H-3 Form of U.S. Tax Compliance Certificate Exhibit H-4 Form of U.S. Tax Compliance Certificate Schedule 1.1 Lenders and Commitments Schedule 6.1(b) Subsidiaries Schedule 6.7 Litigation Schedule 6.10 Tax Audits Schedule 6.15 Transactions with Affiliates Schedule 6.20(f) Unresolved Real Estate Claims or Disputes Schedule 6.20(g) Material Real Estate Agreements REVOLVING CREDIT AGREEMENT THIS REVOLVING CREDIT AGREEMENT (this "Agreement") is made the 26th day of September, 2014, by and among CORENERGY INFRASTRUCTURE TRUST, INC., a Maryland corporation, as borrower ("Borrower"), having its principal place of business at 0000 Xxxxxx, Xxxxx 0000, Xxxxxx Xxxx, Xxxxxxxx 00000, each of the parties now or hereafter signatory hereto as guarantors (collectively "Guarantors"), REGIONS BANK, a national banking association ("Regions"), with the other lending institutions that are or may become parties hereto pursuant to §18 as lenders ("Lenders"), REGIONS BANK, as administrative agent ("Agent") for itself and the other Lenders, REGIONS BANK, as Swing Line Lender, and REGIONS BANK, as LC Issuer.
Events of Default; Acceleration If any of the following events ("Events of Default") shall occur:
Liquidity Events of Default If (a) any Liquidity Event of Default has occurred and is continuing and (b) there is a Performing Note Deficiency, the Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (i) the obligation of the Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower, (ii) the Borrower to promptly request, and the Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) hereof and Section 3.6(i) of the Intercreditor Agreement, (iii) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (iv) subject to Sections 2.07 and 2.09 hereof, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Liquidity Provider.
Other Events of Default Determination by COUNTY, the State Fair Employment Commission, or the Federal Equal Employment Opportunity Commission of discrimination having been practiced by CONTRACTOR in violation of State and/or Federal laws thereon.
Termination Upon Event of Default If Foothill terminates this Agreement upon the occurrence of an Event of Default, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of Foothill's lost profits as a result thereof, Borrower shall pay to Foothill upon the effective date of such termination, a premium in an amount equal to the Early Termination Premium. The Early Termination Premium shall be presumed to be the amount of damages sustained by Foothill as the result of the early termination and Borrower agrees that it is reasonable under the circumstances currently existing. The Early Termination Premium provided for in this Section 3.7 shall be deemed included in the Obligations.
