A Default. Any action or inaction or omission by You or any guest or visitor or occupant that causes a "strike" to be placed on any property owned or managed by Us shall be a default of the Lease.
A Default under the Note or Borrower's failure to perform its obligations under this Agreement shall constitute a default under this Agreement.
A Default. (as defined in the Credit Agreement) shall exist under the Credit Agreement, or the credit facilities evidenced by the Credit Agreement shall cease to exist for any reason whatsoever, whether through prepayment, refinancing, expiration, termination or otherwise."
7. Conditions Precedent to the Effectiveness of this Agreement. This Agreement, and the consent to the Merger set forth in paragraph 2 of this Agreement, shall not be or become effective unless and until the Lender shall have received each of the following items in form and substance acceptable to the Lender:
(a) Copies of the articles or certificates of incorporation of Northstar and Xxxxx, together with all amendments, and certificates of good standing, each certified by the appropriate governmental officer in its jurisdiction of incorporation.
(b) Copies, certified by the Secretary or Assistant Secretary of Northstar and Xxxxx, of their by-laws and of their board of directors' resolutions authorizing the Merger, the execution and delivery of the Credit Agreement and related documents and the execution and delivery of this Agreement.
(c) Copies of the articles of merger with respect to the Merger which have been filed in the appropriate governmental office in each jurisdiction where such articles of merger must be filed to effectuate the Merger, certified by the appropriate governmental officers of such jurisdictions.
(d) An incumbency certificate, executed by the Secretary or Assistant Secretary of Northstar and Xxxxx, which shall identify by name and title, and bear the signatures of, the officers of Northstar and Xxxxx which are authorized to sign the Credit Agreement and related documents and this Agreement.
(e) Evidence satisfactory to the Lender that the Credit Agreement and all related documents have been executed and delivered by the parties thereto and that the lenders under the Credit Agreement have made the initial advance thereunder to Xxxxx.
(f) An opinion of counsel to Northstar and Xxxxx relating to the authorization, execution, delivery and binding effect of this Agreement, in favor of the Lender, in form and content acceptable to the Lender.
8. Representations and Warranties of Northstar and Xxxxx. Northstar and Xxxxx hereby represent and warrant to the Lender as follows:
(a) Each of Northstar and Xxxxx has all requisite corporate power and authority to execute this Agreement and to perform all of its obligations hereunder, and this Agreement has been duly executed and delivered...
Examples of A Default in a sentence
A Default or Event of Default shall be deemed to exist at all times during the period commencing on the date that such Default or Event of Default occurs to the date on which such Default or Event of Default is waived in writing pursuant to this Agreement or, in the case of a Default, is cured within any period of cure expressly provided for in this Agreement; and an Event of Default shall “continue” or be “continuing” until such Event of Default has been waived in writing by the Required Lenders.
A "Default" by Lessee is defined as a failure by Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease.
A "Default" is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or rules under this Lease.
A Default or an Event of Default shall be deemed to exist at all times during the period commencing on the date that such Default or Event of Default occurs to the date on which such Default or Event of Default is waived in writing pursuant to this Agreement or, in the case of a Default, is cured within any period of cure expressly provided for in this Agreement; and an Event of Default shall “continue” or be “continuing” until such Event of Default has been waived in writing by Required Lenders.
A "Default" is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or Rules and Regulations under this Lease.
More Definitions of A Default
A Default. (as defined in the Lease) has occurred by Inflow, Inc. under that certain Lease Agreement between Inflow, Inc. and (the "Lease") and Tenant has failed to cure its default after the expiration of any applicable cure period and therefore the EXHIBIT "A" ----------- EXHIBIT A Land ---- [DIAGRAM] EXHIBIT "B" ----------- Premises, including parking area and equipment area EXHIBIT B Premises -------- [DIAGRAM] EXHIBIT "C" ----------- Landlord and Tenant agree to attach the Plans and Specifications of the Premises for the tenant improvements to be constructed by Tenant prior to the Commencement Date. Tenant shall submit its Plans and Specifications for the initial improvements on or before February 1, 2000. Landlord's review of such Plans and Specifications shall be performed in accordance with the provisions of the Addendum attached to this Lease.
A Default. (as defined in the Master Netting, Setoff, and Security Agreement dated as of ________ among ______________, as the same may be amended (the "Master Agreement")) has occurred and is continuing with respect to the Account Group or any member of the Account Group under the Master Agreement and no Default has occurred and is continuing with respect to the beneficiary of this Letter of Credit or any other member of its Group (as defined in the Master Agreement). Wherefore, the undersigned does hereby demand payment of $_________________"; or
A Default. (other than an Event of Default) is "CONTINUING" if it has not been remedied or waived and an Event of Default or Certain Funds Event of Default is "CONTINUING" if it has not been remedied or waived.
A Default. (as defined in the Lease) has occurred by Inflow, Inc. under that certain Office Lease Agreement between Inflow, Inc. and Miami North LLC (the "Lease") and Tenant has failed to cure its default after the expiration of any applicable cure period, and therefore the undersigned is entitled to the amount set forth in the draft. It is a condition of this Letter of Credit that it will be deemed automatically renewed without an amendment for a period of one (1) one year from the present or each future expiration date unless at least thirty 30) days prior to such expiry date we notify you in writing sent by overnight mail that we elect not to renew this Letter of Credit for such additional period. In no event shall this letter of credit be automatically extended beyond December 31, 2001.
A Default means:
(i) TeamStaff fails to pay (whether when due, upon acceleration or otherwise) any sum owed hereunder; or
(ii) TeamStaff: becomes insolvent or bankrupt; makes an assignment for the benefit of creditors or consents to the appointment of a trustee or receiver; a trustee or a receiver is appointed for a Borrower or for a significant portion of a Borrower's assets; bankruptcy, reorganization or insolvency proceedings are instituted by or against a Borrower; or if any of the foregoing occurs with respect to any guarantor or other party liable for any of a Borrower's obligations owing to Lender.
A Default has occurred and is continuing under the Loan Agreement by reason of the Borrower's failure to maintain a minimum consolidated Fixed Charge Coverage Ratio of at least 1.10 to 1 for the Fiscal Quarter ending on September 30, 1997, as required under Section 10.1(a) of the Loan Agreement (the "Existing Default"), as a result of which the Lenders are entitled to exercise the rights and remedies provided for in the Loan Agreement. The Borrower has requested that the Lenders waive the Existing Default, modify certain financial covenants and amend certain other provisions of the Loan Agreement, and the Lenders have agreed, upon and subject to the terms, conditions and provisions of this Amendment.
A Default. (as defined in the Lease) has occurred by Inflow, Inc. under that certain Office Lease Agreement (the "Lease") between Inflow, Inc. ("Tenant") and 938 Bannock, LLC (the "Landlord") and Tenant has failed to cure its default after the expiration of any applicable cure period, and therefore, the undersigned is entitled to the amount set forth In the draft.