Examples of Sponsor Default in a sentence
Any such Sponsor Default Turbine Contribution shall be paid in immediately available funds through the deposit of such funds directly into the Cash Collateral Account, for ultimate transfer to the Secured Parties in accordance with the terms of the Credit Agreement (including Section 7.2.2 thereof).
Sponsor hereby agrees, for the benefit of Borrower and Administrative Agent (on behalf of the Secured Parties), to contribute, or cause to be contributed, to Borrower a Turbine Default Funding Payment on the date the Loans (or any portion thereof) are accelerated in accordance with the terms of the Credit Agreement (each, a "Sponsor Default Turbine Contribution").
Upon the occurrence of a Sponsor Default, the Brooklyn Parties shall have the right to do any one or more of the following: (i) enforce the specific remedies provided for herein, (ii) recover all damages provided by law or in equity; (iii) exercise any other right or remedy at law or in equity, including obtaining an injunction or order of specific performance and (iv) terminate this Agreement.
If a Plan Sponsor Default occurs, the Outside Date shall be delayed only to the extent necessary to allow for the Plan Sponsor Replacement to be completed within the Plan Sponsor Replacement Period.
Such designations shall be made as promptly as possible after delivery of the Sumitomo Sponsor Default Cure Notice or the Apex Sponsor Default Cure Notice, as applicable, but in no event later than 15 days thereafter.
Distributor acknowledges that in the event of a Sponsor Default (as defined in the Credit Agreement), the Agent (as defined below) as assignee for security of Investors has the right to terminate this Distribution Agreement.
For the avoidance of doubt, notwithstanding anything to the contrary set forth in Section 9.2, but subject to Section 10.13, no provision of this Agreement shall relieve any Defaulting Plan Sponsor from liability hereunder, or limit the availability of the remedies set forth in Section 10.12, in connection with such Defaulting Plan Sponsor’s Plan Sponsor Default.
Sponsor hereby represents, acknowledges and warrants that it is the beneficial owner of the Sponsor Default Shares and will transfer them to the Investor as provided hereunder free and clear of any liens, claims, security interests, options charges or any other encumbrance whatsoever, except for restrictions imposed by federal and state securities laws.
The Sponsor agrees to pay or reimburse each Lender and the Agent for all its reasonable costs and expenses incurred in connection with the enforcement or preservation of any rights under this Agreement, including, without limitation, the reasonable fees and disbursements of counsel to the Agent and, at any time after and during the continuance of a Sponsor Default, of one counsel for all the Lenders.
For greater certainty, the Investor Shares shall be issued or transferred (as applicable) free and clear of any liens, encumbrances or any interests of any third party and no Sponsor Default Shares, if any become payable, shall be subject to the transfer or lock-up provision as set forth in Section 7 of that certain Letter Agreement dated as of December 9, 2021, between SPAC and Sponsor.