Lender Termination Event definition

Lender Termination Event means (a) the occurrence and continuation of an Event of Default or (b) a termination of the Investment Agreement by ICO pursuant to Section 7.2 thereof.
Lender Termination Event has the meaning set forth in Section 9(b).
Lender Termination Event means any of the following, unless ▇▇▇▇▇▇ expressly consents to any such action or omission in writing: (i) the breach by any Debtor Party of any of the undertakings, representations, warranties or covenants of such Debtor Party set forth herein in any material respect which remains uncured for a period of seven (7) business days after the receipt of written notice of such breach pursuant to Sections 5(a) and 21 hereof (as applicable); (ii) the issuance by any governmental authority, including any regulatory authority or court of competent jurisdiction, of any ruling, judgment or order enjoining the consummation of or rendering illegal the Plan or the Restructuring, and such ruling, judgment or order has not been stayed, reversed or vacated within ten (10) business days after such issuance; (iii) any Definitive Document not being acceptable or reasonably acceptable (as applicable) to the Lender; (iv) any Debtor Party (A) amending, or modifying, or filing a pleading seeking authority to amend or modify, any Definitive Document in a manner that is materially inconsistent with this Agreement without the prior written consent of the Lender; (B) suspending or revoking the Restructuring Transactions; or (C) publicly announcing its intention to take any such action listed in the foregoing clauses (A) and (B) of this subsection; (v) any Debtor Party files any motion or pleading with the Bankruptcy Court that is inconsistent with this Agreement or the Restructuring Term Sheet; (vi) any Debtor Party (A) commences a Chapter 11 Case in a court other than the Bankruptcy Court, (B) files any chapter 11 plan for an Alternative Restructuring or

Examples of Lender Termination Event in a sentence

  • If the Restructuring is not consummated, or following the occurrence of a Supporting Lender Termination Event, a Company Termination Event, an event triggering automatic termination pursuant to Section 9.1(c), or the termination of this Agreement, nothing herein shall be construed as a waiver by any Party of any or all of such Party’s rights, and the Parties expressly reserve any and all of their respective rights.

  • The Company hereby acknowledges and agrees that the termination of this Agreement and the obligations hereunder as a result of a Supporting Lender Termination Event, and the delivery of any notice by the Supporting Lenders pursuant to any of the provisions of this Section 9.1(b) shall not violate the automatic stay imposed in connection with the Chapter 11 Cases.

  • This Agreement shall terminate three (3) Business Days following the delivery of notice, delivered in accordance with Section 22 hereof, from the Requisite Consenting Lenders to the Company at any time after and during the continuance of any Lender Termination Event (defined below).

  • Upon the occurrence and during the continuation of a Lender Termination Event, the Lender shall have the right, at any time in its discretion and without notice to the Grantor, to transfer to or to register in its name or in the name of its nominees any or all of the Pledged Collateral.

  • No Party may exercise any of its respective termination rights as set forth herein if (i) such Party is in breach of this Agreement (unless such failure to perform or comply arises as a result of another Party’s actions or inactions), (ii) such breach has caused, or resulted in, the occurrence of a Lender Termination Event or Company Termination Event (as applicable), and (iii) such breach is continuing when such Party seeks to exercise any of its respective termination rights.

  • The Restructuring Support Agreement shall be effective and binding in accordance with its terms, and no “Lender Termination Event” or “Company Termination Event” (as each is defined in the Restructuring Support Agreement) shall have occurred and be continuing, and no event that with the passage of time or delivery of notice would constitute such a Lender Termination Event or Company Termination Event shall have occurred and be continuing.

  • Effective as of the Amendment Effective Date, the Consenting Lenders party hereto hereby waive any Consenting Lender Termination Event set forth in Section 5.02(a) of the Restructuring Support Agreement solely to the extent arising out of the dismissal of the Bankruptcy Case of ICG ▇▇▇▇▇ County in connection with the ICG ▇▇▇▇▇ County Sale.

  • Upon the occurrence and during the continuation of a Lender Termination Event, the Lender may in its own name, or in the name of others, communicate with such parties to such Accounts, Contracts, Instruments, Investment Property and Chattel Paper to verify with such Persons to the Lender’s reasonable satisfaction the existence, amount and terms of any such Accounts, Contracts, Instruments, Investment Property or Chattel Paper.

  • The Company hereby acknowledges and agrees that the termination of this Agreement and the obligations hereunder as a result of a Consenting Lender Termination Event, and the delivery of any notice by the Majority Consenting Lenders pursuant to any of the provisions of this Section 5.02 shall not violate the automatic stay imposed in connection with the Bankruptcy Cases.

  • The Company hereby acknowledges and agrees that the termination of this Agreement and the obligations hereunder as a result of a Consenting Lender Termination Event, and any notice provided by any Consenting Lender to FairPoint pursuant any of the provisions of this Section 5.01, will not violate the automatic stay.


More Definitions of Lender Termination Event

Lender Termination Event will mean any of the following: a. the Commencement Date has not occurred by 11:59 p.m. (Eastern Time) on September 29, 2020; b. the Closing has not occurred by 11:59 p.m. (Eastern Time) on November 2, 2020 (the “Outside Date”); c. the material breach by the Company of (i) any covenant contained in this Agreement or (ii) in any respect, any other obligations of the Company set forth in this Agreement or any Definitive Document, which breach remains uncured seven (7) business days after notice from the Requisite Consenting Lenders; d. the representations or warranties made by the Company hereunder or under any of the Definitive Documents will have been untrue when made or will have become untrue, and any other representation or warranty made by the Company hereunder will have been untrue when made or will have become untrue, in each case, that could, excluding any representation or warranty of the Company that is already qualified by materiality in Section 7 hereof, reasonably be expected to have a material adverse impact on the consummation of the Transactions and has not been cured within seven (7) business days; e. the occurrence of an Event of Default under the BrandCo Credit Agreement; f. the Company consents to or fails to contest in a timely and appropriate manner any involuntary proceeding or petition under any bankruptcy, reorganization, arrangement, administration, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction; g. the filing or execution of any Definitive Document (or any modification or amendment thereto) in a form that does not comply with the terms of this Agreement; h. the announcement by the Company of its intention to withdraw the Exchange Offer or the announcement by the Company of its intention to pursue, or the execution by the Company of any definitive written agreement with respect to, an Alternative Transaction, in each case, without the consent of the Requisite Consenting Lenders; (i) the issuance by any governmental authority, including any regulatory authority or court of competent jurisdiction, of, or the commencement of any proceeding (by application, petition, motion or otherwise) that is not dismissed within seven (7) business days seeking, any ruling, judgment or order enjoining the consummation of, rendering illegal or declaring unenforceable the Transactions or (ii) the issuance by any governmental authority, including any regulatory authority or court of competent jurisdiction, of any r...