DEFAULTS AND REMEDIES definition

DEFAULTS AND REMEDIES. Comparable to Sections 501 and 502 (other than paragraph (g)) of the Indenture, except that the baskets shall be $7,500,000. COVENANTS: Covenants will be comparable to those customary for publicly traded convertible debt, and specifically including: All distributions by the Company must be pro rata. Covenants comparable to Sections 7.01 and 7.02 of the Company's Agreement of Limited Partnership (the "Partnership Agreement"). Access and information (other than monthly financials or reports) comparable to that provided to a five percent partner under Sections 7.03 and 7.04 of the Partnership Agreement. Covenants prohibiting transactions of the type described in Section 8.01(b)(ix) (also to be applicable to affiliate transactions with subsidiary partnerships) of the Partnership Agreement. Covenants comparable to Sections 801(a)(i) and (ii) (subject to subparagraphs (d) and (e)), except in the case of a Roll-Up the Company will remain the obligor under the Subordinated Notes), 1001 and 1004 of the Indenture.
Sample 1

Examples of DEFAULTS AND REMEDIES in a sentence

  • Preservation and Disclosure of Lists 32 DEFAULTS AND REMEDIES Section 6.01.

  • Preservation and Disclosure of Lists 31 DEFAULTS AND REMEDIES Section 6.01.

  • Indemnification by Xxxxxxxx 37 ARTICLE VII EVENTS OF DEFAULTS AND REMEDIES Section 7.01.

  • Preservation and Disclosure of Lists 33 DEFAULTS AND REMEDIES Section 6.01.

  • DEFAULTS AND REMEDIES 35 Section 7.1. Events of Default 35 Section 7.2. Acceleration 35 Section 7.3. Remedies; Rights of Bondholders 35 Section 7.4. Right of Bondholders to Direct Proceedings 36 Section 7.5. Application of Moneys 36 Section 7.6. Remedies Vested In Trustee 37 Section 7.7. Rights and Remedies of Bondholders 37 Section 7.8. Termination of Proceedings 38 Section 7.9. Waivers of Events of Default 38 ARTICLE VIII.

  • Successor Corporation Substituted 13 ARTICLE SIX DEFAULTS AND REMEDIES 13 SECTION 6.01.

  • Successor Substituted 34 ARTICLE 6 DEFAULTS AND REMEDIES Section 6.01.

  • Section 5.01 Merger, Consolidation or Sale of Assets 113 ARTICLE 6 DEFAULTS AND REMEDIES Section 6.01 Events of Default 115 Section 6.02 Acceleration 118 Section 6.03 Other Remedies 119 Section 6.04 Waiver of Past Defaults 119 Section 6.05 Control by Majority 119 Section 6.06 Limitation on Suits 120 Section 6.07 Rights of Holders to Receive Payment 120 Section 6.08 Collection Suit by Trustee 120 Section 6.09 Trustee May File Proofs of Claim 121 Section 6.10 Priorities.

  • Application of Trust Money 36 ARTICLE V DEFAULTS AND REMEDIES Section 5.01.

  • Successor Substituted 37 ARTICLE 6 DEFAULTS AND REMEDIES Section 6.01.

Related to DEFAULTS AND REMEDIES

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Events of Default has the meaning specified in Section 6.01.

  • Required Percentage-Remedies shall be 66-2/3% of the aggregate Voting Rights.

  • Event of Default Under the Trust Indenture With respect to any MBS, any “Event of Default” under the Trust Indenture pursuant to which such MBS was issued. Xxxxxx Xxx: Federal National Mortgage Association, a body corporate organized and existing under the laws of the United States, or its successor in interest or any successor appointed as herein provided. Unless the context requires otherwise, the term “Xxxxxx Mae” shall be deemed to refer to the Federal National Mortgage Association acting in its corporate capacity and not in its capacity as Trustee hereunder.

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • Financial Covenant Event of Default has the meaning specified in Section 8.01(b).

  • Financial Covenant Default has the meaning assigned to such term in Section 8.01(6).

  • Forbearance Default means any of: (A) the occurrence of any Default or Event of Default other than the Specified Defaults, (B) the failure of Borrower or any other Designated Company to timely and strictly comply with any term, condition, covenant, agreement or other obligation set forth in this Agreement, (C) the failure of any representation or warranty made by Borrower or any other Designated Company under or in connection with this Agreement to be true and complete in all material respects as of the date when made or any other material breach of any such representation or warranty, (D) the taking of any action by Borrower or any other Designated Company to in any way repudiate or assert a defense to any Obligation under the Credit Agreement, this Agreement or any of the other Loan Documents or the assertion of any claim or cause of action against Administrative Agent, Co-Administrative Agent or any Lender relating in any way thereto, (E) the date on which Administrative Agent, in its sole discretion or at the direction of the Required Lenders, delivers to Borrower a written notice terminating the Forbearance Period, which notice may be delivered at any time upon or after the delivery of any Proposed Vendor Payment Schedule Rejection Notice (as defined below) by the Administrative Agent in accordance with Section 3(c)(ii) hereof, or (F) Borrower fails to receive Inventory purchased with a CIA Payment (as defined below) within six (6) Business Days of the making of such CIA Payment. The occurrence of any Forbearance Default shall constitute an immediate Event of Default under the Credit Agreement and other Loan Documents. Upon the termination or expiration of the Forbearance Period, the agreement of Administrative Agent, Co-Administrative Agent and each Lender hereunder to forbear from exercising its default-related rights and remedies shall immediately terminate without the requirement of any demand, presentment, protest, or notice of any kind, all of which Borrower and each other Designated Company hereby waives. Borrower and each other Designated Company further agrees that any of Administrative Agent (upon direction of the Required Lenders to the extent provided in the Credit Agreement) and each Lender may at any time after the expiration or termination of the Forbearance Period proceed to exercise any and all of its rights and remedies under any or all of the Credit Agreement, any other Loan Document and/or applicable law, all of which rights and remedies are hereby fully reserved by Administrative Agent and each Lender. Any agreement by Administrative Agent and the Lenders to extend the Forbearance Period, if any, must be set forth in writing and signed by Administrative Agent and the Lenders. Borrower and each other Designated Company acknowledges that none of Administrative Agent or any Lender has made any assurances concerning any possibility of any extension of the Forbearance Period. Borrower and each other Designated Company acknowledges and agrees that any Loan or other financial accommodation which Administrative Agent, Co-Administrative Agent or any Lender makes to or for the benefit of Borrower or any other Designated Company on or after the Forbearance Effective Date has been made by such party in reliance upon, and is consideration for, among other things, the general releases and indemnities contained in Section 5 hereof and the other covenants, agreements, representations and warranties of Borrower and each other Designated Company hereunder.

  • Existing Defaults means, collectively, the Events of Default identified on Exhibit A hereto.

  • PTC Event of Default means, with respect to each Trust Agreement, the failure to pay within 10 Business Days after the due date thereof: (i) the outstanding Pool Balance of the applicable Class of Certificates on the Final Legal Distribution Date for such Class or (ii) interest due on such Certificates on any Distribution Date (unless the Subordination Agent shall have made an Interest Drawing or a withdrawal from the Cash Collateral Account relating to a Liquidity Facility for such Class, with respect thereto in an aggregate amount sufficient to pay such interest and shall have distributed such amount to the Trustee entitled thereto).

  • Note Event of Default means any “Event of Default” specified in Section 5.1 of the Indenture.

  • Breach of trust means a breach of any duty imposed on a trustee by this Act or by the terms of the trust;

  • Specified Event of Default means an Event of Default under Section 7.01(a), (b), (h) or (i).

  • Special Conditions of Contract means the pages completed by the Procuring Entity entitled Special Conditions of Contract which constitute Part A of the Special Conditions.

  • Termination Events means each of the events specified in Clause 10.3 of this Contract.

  • GENERAL AND SPECIAL CONDITIONS OF CONTRACT means the instructions to Tenderer and General and special conditions of contract pertaining to the work for which above tenders have been called for.

  • Default Under the Trust Indenture With respect to any MBS, any condition, occurrence or event which, if continued for any specified period of time after the giving of any requisite notice, would be an “Event of Default” under the Trust Indenture pursuant to which such MBS was issued.

  • Event of Default has the meaning specified in Section 8.01.

  • Lease Event of Default shall have the meaning specified in Section 17.1 of the Lease.

  • Default Rights has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable.

  • Minor Default means any Event of Default that is not a Major Default.

  • Loan Event of Default means any of the events specified in Section 5.1 of the Loan Agreement, provided that any requirement for the giving of notice, the lapse of time, or both, or any other condition, event or act has been satisfied.

  • Specified Defaults means, collectively, the Existing Defaults and the Anticipated Defaults.

  • Acceleration Event of Default means an Event of Default under Section 5.1(a), (d), (e) or (f), whatever the reason for such Acceleration Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body.

  • Customer Default has the meaning set out in clause 8.3.

  • Indenture Event of Default means an "Event of Default" as defined in the Indenture.