Termination of Forbearance. Upon the occurrence of any Termination Event (as defined below) and at any time after such occurrence during which a Termination Event is continuing, the Agents are entitled to, without prior notice to the Credit Parties, immediately terminate the Forbearance Period, unless such Termination Event is an Event of Default described in Section 12.1(C) of the Credit Agreement, in which case the Forbearance Period automatically terminates without demand or notice of any kind. For purposes of this Amendment, "Termination Event" means:
Termination of Forbearance. If any one or more of the Termination Events occur, Lender's agreement to forbear as set forth in Section 3 of this Amendment No.1 shall, at Lender's election, upon written notice to or demand upon Borrowers (it being agreed by the parties that such notice may be delivered by facsimile with a copy to Borrowers' counsel), terminate and Lender shall thereupon have and may exercise from time to time all of the remedies available to it under the Loan Agreements and applicable law as a consequence of an Event of Default, without further notice, demand or presentment.
Termination of Forbearance. Upon the occurrence of any Forbearance Termination Event, this Forbearance Agreement and the forbearance provided for herein shall immediately and automatically terminate (such date of termination, the “Termination Date”), as if this Forbearance Agreement had not been entered into on the date hereof.
Termination of Forbearance. The Forbearance shall commence on the date hereof and continue until the earlier of (a) the Forbearance End Date, and (b) the date on which any of the following events shall occur:
a. other than the Specified Defaults or the Pre-Existing Defaults (as defined herein), there occurs and is continuing any (i) Lease Event of Default, (ii) Lease Indenture Event of Default, or (iii) Pass Through Trust Event of Default;
b. the Company commences a case under title 11 of the United States Code or any equivalent; or
c. the Company terminates discussions with the Consenting Certificateholders and/or the Owner Participant regarding a Potential Restructuring. For the avoidance of doubt, the remaining provisions of this Agreement, including the consents and reservations provided hereunder, shall remain effective notwithstanding the termination of the Forbearance. Notwithstanding anything to the contrary herein, during the duration of the Forbearance the Facility Lessee may take any action it is permitted or required to take under the Operative Documents, in the ordinary course of operating and maintaining its business, as though no Lease Event of Default, Lease Indenture Event of Default, Pass Through Event of Default or any other breach and/or default or event of default under the Operative Documents (if any) with respect to the matters covered by this Forbearance has occurred or is continuing; provided, that the provisions of this paragraph shall not apply to the negative covenants set forth in Sections 5.3 through 5.6 of the Participation Agreement.
Termination of Forbearance. Upon the occurrence of any of the following events, the Forbearance Period shall terminate and any or all of the Noteholders, any other Holders and the Trustee shall, at its or their sole option and absolute discretion, will be entitled to exercise all rights and pursue all remedies referred to in Section 2.2 (c) or otherwise available, including collecting amounts due under or with respect to the Securities and the other Indenture Instruments:
(a) Any Obligor or any of its subsidiaries shall make an assignment for the benefit of creditors or shall petition or apply to any tribunal for the appointment of a trustee, custodian, receiver or liquidator of it or of all or any substantial part of its assets or shall commence any proceedings relating to any Obligor or any of its subsidiaries under any bankruptcy, reorganization, compromise, arrangement, insolvency, readjustment of debts, conservatorship, moratorium, dissolution, liquidation or other debtor relief law of any jurisdiction, whether now or hereafter in effect; or any such petition or application shall be filed or any such proceeding shall be commenced against any Obligor or any of its subsidiaries, and such Obligor or such subsidiary consents thereto or the same is not dismissed or otherwise discharged within 60 days; or an order, judgment or decree shall be entered appointing any such trustee, custodian, receiver or liquidator or granting relief to any Obligor or any of its subsidiaries or approving the petition in any such proceeding; any final order, judgment or decree shall be entered in any proceedings against any Obligor or any of its subsidiaries decreeing its dissolution; or any final order, judgment, or decree shall be entered in any proceedings against any Obligor or any of its subsidiaries decreeing its split-up which requires the divestiture of a substantial part of its assets.
(b) Any Obligor or any of its subsidiaries shall fail to file any tax returns (federal, state and local) required to have been filed or to pay all taxes shown thereon to be due, except those for which extensions have been obtained, those which are being contested in good faith and those state and local returns which in the aggregate are not material.
(c) The existence of any decision, judgment, order, writ, injunction, decree, award or determination that adversely affects the performance by any Obligor of its obligations under this Agreement; or the occurrence of any reportable event in connection with, or the defa...
Termination of Forbearance. Summit's agreement to forbear shall automatically terminate, without any notice to Client or Guarantors or any right to cure, upon the earlier of (i) February 15, 2010, or (ii) upon the occurrence of any of the following:
Termination of Forbearance. On and after the termination of the Forbearance Period, the Holder's agreement hereunder to forbear shall terminate automatically without further act or action by the Holder. The Company expressly acknowledges and agrees that the effect of such termination will be to permit the Holder to exercise immediately any and all Remedies available to them under the Documents and this Forbearance Agreement, at law, in equity or otherwise, without any further lapse of time, expiration of applicable grace periods, or (except as otherwise required under provisions of applicable law that cannot be waived) requirements of demand, presentment, or notice, all of which are expressly waived by the Company, and to the same extent as if the Holder had not agreed to forbear in this Forbearance Agreement. The Holder shall have no obligation whatsoever after the termination of the Forbearance Period to extend the maturity of the Indebtedness owed under the Documents, waive any Events of Default or Defaults, defer any payments, or further forbear from exercising their rights and Remedies.
Termination of Forbearance. Notwithstanding the forbearance of Lender agreed to above if, during the period of any such forbearance, (a) Borrower otherwise defaults upon the Note (other than the default with respect to which Lender agreed hereinabove to forbear from enforcement and collection of the Note), and/or if Borrower defaults upon this Agreement or any other agreement or instrument securing the Note, (b) or if any third party commences an action against Borrower or against CDA which action may, in the sole discretion of Lender, have the ultimate effect of jeopardizing the collateral for the Note or the assets of CDA, or the prospect of repayment of the Note therefrom, then Lender may immediately upon written notice to Borrower, terminate its forbearance and proceed to enforce and collect the Note.
Termination of Forbearance. Upon the expiry of the Forbearance Period, this Agreement shall terminate and, in the event the Repayment of the Notes has not occurred by such time, any and all rights existing under the Notes shall remain vested in Vector as if this Agreement had never existed.
Termination of Forbearance. The General Partner’s agreement in Section 1 hereof and the remainder of this Agreement shall terminate at such time as the General Partner and its Affiliates collectively hold less than 75% of the Common Units then Outstanding (assuming the full conversion of Class C Units held by the General Partner and its Affiliates), in which event the Limited Call Right will be exercisable in accordance with the Partnership Agreement.
