Notice of Actionable Default definition

Notice of Actionable Default means a written notice given to the Collateral Trustee by the Required Secured Debtholders or any Secured Debt Representative, stating that an Actionable Default has occurred and is continuing.

Notice of Actionable Default shall have the meaning assigned to such term in the Intercreditor Agreement.

Notice of Actionable Default means a written certification to the Collateral Agent and AWHI (i) from the Administrative Agent, certifying that an Actionable Default has occurred with respect to the Credit Agreement Obligations, (ii) from the Senior Indenture Trustee certifying that an Actionable Default has occurred with respect to Senior Note Obligations, or (iii) from the Junior Indenture Trustee certifying that an Actionable Default has occurred with respect to Junior Note Obligations.

Examples of Notice of Actionable Default in a sentence

• If and only if the Collateral Agent shall have received a Notice of Actionable Default, the Collateral Agent shall, if and only if directed in writing by the Requisite Secured Parties, exercise the rights and remedies provided in this Agreement and in any of the Collateral Documents.

• After the delivery of a Notice of Actionable Default and prior to the withdrawal of all Notices of Actionable Default then pending, all payments or Collateral (or proceeds thereof) received by any Agent, Lender or Issuing Lender in contravention of this Agreement, the Intercreditor Agreement or any other Loan Document, shall be segregated and held in trust and forthwith paid over to the Collateral Agent to be applied pursuant to Section 7.15(h).

• Either or both of the Collateral Trustees may be removed at any time (with or without cause) and a successor trustee or trustees appointed by the Borrower prior to Notice of Actionable Default, and thereafter (unless such notice is withdrawn) by the Credit Facility Agent, provided that the Collateral Trustees or either of them shall be entitled to their fees and expenses accrued to the date of removal.

• Prior to the delivery to the Collateral Agent of a Notice of Actionable Default by a Senior Creditor, each Senior Creditor shall deliver notice thereof to every other Senior Creditor and the Company.

• Each Collateral Trustee shall be entitled to assume conclusively that a Notice of Actionable Default has not been withdrawn unless and until it receives a notice of withdrawal in accordance with Section 2.1(b).

More Definitions of Notice of Actionable Default

Notice of Actionable Default means a direction in writing delivered to the Collateral Agent by or with the written consent of the Applicable Authorized Representative notifying the Collateral Agent of an Actionable Default under the applicable Secured Debt Documents.

Notice of Actionable Default means a written notice given to the Collateral Agent stating that an Actionable Default has occurred and is continuing, delivered by:

Notice of Actionable Default means a written certification identified as a “Notice of Actionable Default,” substantially in the form attached hereto as Exhibit B or such other form reasonably satisfactory to the Collateral Agent, from any Administrative Agent or the Noteholder Representative addressed to the Collateral Agent certifying that an Event of Default has occurred and is continuing under the applicable Financing Documents, and that any required notice thereof has been given and any grace periods provided for therein have expired.

Notice of Actionable Default means a notice delivered to the Collateral Agent stating that an Actionable Default has occurred, which describes with reasonable particularity the nature of the Actionable Default, and is delivered to the Collateral Agent by (i) the Trustee for the holders of the Notes, acting pursuant to this Indenture, (ii) the Exchangeable Notes Trustee, acting pursuant to the Exchange Notes Indenture, or (iii) the Additional Indebtedness Agent, acting upon the instructions of the holders of a majority of the Outstanding Additional Indebtedness Obligations (as defined in the Collateral Agency Agreement). A Notice of Actionable Default shall be deemed to have been given when the notice referred to in the preceding sentence has actually been received by a Responsible Officer (as defined in the Collateral Agency Agreement) of the Collateral Agent. A Notice of Actionable Default shall be deemed to be outstanding at all times after such notice has been given until the earlier of such time, if any, as (i) the Collateral Agent has been notified by the Trustee or the Additional Indebtedness Agent, as the case may be, which delivered such notice, that such notice has been rescinded or waived or (ii) the Trustee and the Additional Indebtedness Agent, if any, have determined, in accordance with Section 3.03 of the Collateral Agency Agreement, to rescind or waive such notice.

Notice of Actionable Default means a written notice given to the Collateral Trustee stating that an Actionable Default has occurred and is continuing, delivered by:

Notice of Actionable Default means a written notice to the Collateral Agent from the U.S. Agent or the Chinese Agent stating that it is a “Notice of Actionable Default” hereunder and certifying that an Actionable Default has occurred and is continuing. A Notice of Actionable Default may be included in a written direction to the Collateral Agent from the Requisite Lenders pursuant to Section 5.

Notice of Actionable Default means a written notice issued by a Senior Creditor or Senior Creditors to the Collateral Agent, with a copy thereof to the Company, certifying (1) that a Payment Event of Default under the 1995 Note Agreements, the 2002 Note Agreements, the 2006/2007 Note Agreements or the New Bank Agreement, as the case may be, to which such Senior Creditor or Senior Creditors shall be a party has occurred and is continuing or (2) that a Nonpayment Event of Default under the 1995 Note Agreements, the 2002 Note Agreements, the 2006/2007 Note Agreements or the New Bank Agreement, as the case may be, to which such Senior Creditor or Senior Creditors shall be a party has occurred and is continuing, and that at least 10 days prior to the issuance of such notice, a Senior Creditor shall have delivered to the Collateral Agent, the Company and every other Senior Creditor prior written notice of such Nonpayment Event of Default.