Examples of Possible Default in a sentence
First, we consider whether the failure to meet the October 31, 2011 deadline constitutes a Possible Default under Sections 1.14 and 9.4. The fact that Defendants were not GAAP-compliant on October 31, 2011 does not mean that they failed to cure that violation by the time the Mahers rejected Rowen’s request for the funds, whenever those subsequent events took place.
This timing matters because Section 9.4 authorizes the Mahers to withhold funds only “while any Possible Default exists.” If the Possible Default dissipated prior to Defendants’ request for funds, so did the Mahers’ justification under Section 9.4. Thus, as we indicated in the Opinion, more evidence is necessary.Relatedly, the Mahers argue that it is not their job to provide additional evidence of an ongoing GAAP violation.
Because it is not clear if, or when, that Possible Default terminated, (i.e., if Defendants satisfied GAAP), we cannot find at this stage that a Possible Default occurred and continued through the relevant, but unknown, timeframe.
Possible Default Interest was therefore calculated based on the default interest rates stated in the Wan Chung Loan Agreements.
Section 4 of the Loan Agreement states:Provided that at the time of such exercise, no Event of Default or Possible Default * * * then exists hereunder or under any other Loan Document, Borrower shall have two (2) options to extend the term of the Loan (each an “Extension Option”).