Examples of Asset Based Terms in a sentence
The Trustee shall be entitled to rely on the delivery to it of a written notice by an individual representing himself to be a holder of Senior Indebtedness of the Company (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of any such Senior Indebtedness or a trustee on behalf of any such holder.
Without limiting any of the other terms or provisions hereof, if there is breach of the financial covenant set forth in Section 5 above, the Asset Based Terms shall be deemed effective upon written notice from the Bank to the Borrower.
In the event that the Borrower does not meet the Quick Ratio Test at any time, then the Asset Based Terms shall thereafter be effective upon written notice from Silicon to the Borrower at any time.
Terms of this Agreement without the Asset Based Terms are referred to as the “Non-Asset Based Terms”.
Once the Asset Based Terms are effective, the Borrower may not transfer back to the Non-Asset Based Terms, except with the written agreement of Silicon, which shall be a matter of its good faith business judgment.
In the event the Borrower wishes to have the Asset Based Terms in effect, Borrower may do so by giving the Bank prior written notice thereof, in order to permit the Bank to make such reviews and audits as it shall deem appropriate.
If Borrower fails to perform or comply with any other term, condition or covenant in this Agreement (other than as set forth in Section 8.1 or 8.2 above or, while the Asset Based Terms are not in effect, the Financial Covenants set forth in Schedule 2 hereto), and such failure is not cured within 30 days after the date it occurs.
Without limiting Bank's other rights and remedies, if an Event of Default occurs and is continuing, the provisions of Exhibit E hereto (the "Asset Based Terms") shall be effective, upon written notice by Bank to the Borrower.
During all periods in which the Asset Based Terms are not in effect, Borrower shall comply with the following financial covenant at all times during the term of this Agreement and, at the request of Bank from time to time, Borrower shall provide evidence of compliance therewith.
The foregoing institution of such Asset Based Terms does not diminish or otherwise derogate from all other rights and remedies of Bank upon the occurrence of an Event of Default, and all of such rights and remedies relating thereto are deemed reserved and not waived.