Examples of Holdco Event of Default in a sentence
The determination of whether such Disputed Default is a Holdco Event of Default will be decided by binding arbitration pursuant to the [Commercial Arbitration Rules promulgated by the American Arbitration Association] before a single arbitrator who shall be mutually acceptable to Holdings and the Notice Party and who shall conduct the arbitration in New York, New York and who shall apply New York law.
If the arbitrator determines that the Disputed Default is a valid Holdco Event of Default (an “Arbitration Decision”), then the Default Notice will be valid as of the original date of delivery of such Default Notice.
For the avoidance of doubt, the bankruptcy, insolvency, or dissolution of, or the commencement of any case or proceeding under any bankruptcy, insolvency, or similar law in respect of, either the Borrower or any of its subsidiaries shall (i) not require Holdings to make any payment under this Agreement until all of the conditions in paragraph 3 (to the extent otherwise applicable) have been satisfied and (ii) not constitute a Holdco Event of Default hereunder.
If the Notice Party determines in good faith that such Disputed Default is valid notwithstanding Holdings’ determination and elects (or is instructed by Noteholders holding not less than 25% of the outstanding principal amount of the outstanding Notes of any issue of First Lien Notes) to pursue such Disputed Default, then Holdings and the Notice Party shall submit to binding arbitration for a determination of whether the Disputed Default is a Holdco Event of Default hereunder.
If the arbitrator determines that the Disputed Default is not a Holdco Event of Default, the Default Notice delivered by the Notice Party will be null and void.
For the avoidance of doubt, the bankruptcy, insolvency, or dissolution of, or the commencement of any case or proceeding under any bankruptcy, insolvency, or similar law in respect of, either Borrower or any of its subsidiaries shall (i) not require Holdings to make any payment under this Agreement until all of the conditions in Section 2 and Section 3 have been satisfied (including, without limitation, the exhaustion of all Remedies) and (ii) not constitute a Holdco Event of Default hereunder.
After the execution and delivery thereof, the Holdco Guaranty or any provision thereof shall cease to be in full force or effect as to Holdco, or Holdco or any Person acting for or on behalf of Holdco shall deny or disaffirm Holdco's obligations under the Holdco Guaranty or a "Holdco Event of Default" shall occur and be continuing;".