Designated Default definition

Designated Default means a Default under Sections 8.01(a), (f) or (g).

Designated Default means any Default or Event of Default disclosed in writing to the Agent (including, without limitation, pursuant to one or more Borrowing Base Certificates and/or Compliance Certificates) prior to the Fourth Amendment Closing Date (including, without limitation, the First Amendment Designated Defaults, the Second Amendment Designated Defaults and the Events of Default specified in the January 30, 2009 Notice of Default given by the Agent to the Borrowers).

Designated Default means Default under Sections 7.1(a), 7.1(e), 7.1(f), 7.1(g), 7.1(m), 7.1(r), 7.1(t), 7.1(u) or 7.1(v) or any breach by the Borrower of any of the terms or provisions of Sections 6.3(A) (Indebtedness), 6.3(B) (Sales of Assets), 6.3(D) (Investments), 6.3(F) (Distributions), 6.3(H) (Transactions with Affiliates), 6.3(O) (Other Indebtedness) or 6.4 (Financial Covenants).

Examples of Designated Default in a sentence

• In no event shall the foregoing waiver be deemed to constitute a waiver of (i) any Default or Event of Default that may exist on the date of this Amendment (other than the Designated Default) or (ii) the Borrowers’ respective obligations to comply with all of the terms and conditions of the Loan Agreement and the other Loan Documents from and after the date hereof.

• Borrower represents and warrants that the Designated Default is the only Default or Event of Default that exists under the Loan Agreement and the other Loan Documents as of the date hereof.

• The Event of Default expressly referred to in this paragraph is herein referred to as the “Designated Default.” Effective as of the date hereof, upon the satisfaction of the conditions precedent set forth in Section Five hereof, the Lender hereby waives the Designated Default as an Event of Default.

• The Lenders hereby waive the Designated Default as an Event of Default.

• It is understood by the parties hereto, however, that the foregoing waiver of the Designated Default does not constitute a waiver of such financial covenant with respect to any other date or time period or of any other provision or term of the Loan Agreement or any related document, nor an agreement to waive in the future such covenant with respect to any other date or time period or any other provision or term of the Loan Agreement or any related document.

More Definitions of Designated Default

Designated Default means (x) any Event of Default, (y) any event or condition which, with the giving of notice or lapse of time or both, would become an Event of Default (other than any event or condition referred to in clause (e) or (f) of Section 6.01) or (z) any event or condition that entitles the holder of any Material SRAC Debt or Material Company Material Debt, or any Person acting on any such holder's behalf, to accelerate the maturity thereof (but in the case of any event or condition referred to in clause (e) of Section 6.01, only after the expiration of the three Domestic Business Day period referred to in such clause (e)).

Designated Default means the Reporting Designated Default.

Designated Default means any occurrence or circumstance designated as a default in the Service Level Requirements.

Designated Default has the meaning specified therefor in Section 4(c) of the Second Amendment.

Designated Default means any Default listed in Section 11.1 or Section 11.5.

Designated Default means, collectively, (a) the First Amendment Designated Defaults, and (b) the "Second Amendment Designated Defaults" referred to in Section 1of the Second Amendment.

Designated Default has the meaning given to such term in Section 1 of the First Amendment and shall also include – for purposes of Section 3.19 of this Agreement (and the term “Forbearance Default” as used therein) and for purposes of the amendments to the Credit Agreement brought about by Section 16 of the First Amendment – any Event of Default arising out of the Borrowers’ failure to comply with the provisions of Section 6.3(c) of the Credit Agreement for the Borrowers’ fiscal quarter ending September 30, 2008, should the Borrowers fail to comply with such covenant for such fiscal quarter.