Stipulated Defaults definition

Stipulated Defaults means the Events of Default referenced in Section 2(c) of this Agreement.
Sample 1Sample 2Sample 3
Stipulated Defaults means (i) the Events of Default referenced in Section 2(c) of this Agreement in existence on the date hereof, and (ii) the Anticipated Financial Covenant Defaults.
Sample 1
Stipulated Defaults means the Events of Default referenced in Paragraph 2(d) of this Agreement.
Sample 1

Examples of Stipulated Defaults in a sentence

  • Neither this Agreement, nor Lender's agreements hereunder, nor Lender's acceptance of the Partial Payment and filing of the Partial Release, shall be deemed a waiver of or consent to the Stipulated Defaults or any of other Event of Default.

  • Each Company Party hereby represents that, after giving effect to this Agreement, other than the Stipulated Defaults, no Event of Default has occurred and is continuing as of the date hereof.

  • Neither the Company nor any of its subsidiaries is in violation of, or in default under, any of the Permits or has received any notice of proceedings relating to the revocation or modification of, or non-compliance with, any such certificate, authorization or permit which, individually or in the aggregate, would be reasonably expected to result in a Material Adverse Effect.

  • Each of Holdings, the Company and each other Company Party hereby represents that, after giving effect to this Agreement, other than the Stipulated Defaults, no Event of Default has occurred and is continuing as of the date hereof.

  • On April 11, 2019, Loan Parties commenced the Store Closures and the Closed Store Property Liquidation (each as defined below) without the prior written consent of Lenders, and as a result, certain Events of Default have occurred and are continuing under the Credit Agreement in addition to the other Stipulated Defaults (as defined below).

  • Neither this Agreement, Lender’s forbearance hereunder nor Lender’s continued making of loans or other extensions of credit at any time extended to Borrowers in accordance with this Agreement and the Loan Documents shall be deemed a waiver of or consent to the Stipulated Defaults or any other Event of Default.

  • In no event shall the Revolving Lenders' funding of any Revolving Credit Loans be deemed a waiver of any of the Stipulated Defaults or any other default or event of default that may occur or exist under the Revolving Loan Documents.

  • Neither this Agreement, nor Lender's agreements hereunder nor Lender's continued providing of extensions of credit at any time extended to Borrower to Borrower in accordance with this Agreement and the Loan Documents shall be deemed a waiver of or consent to the Stipulated Defaults or any of other Event of Default.

  • Notwithstanding the occurrence or existence of the Stipulated Defaults, but subject to the satisfaction of each of the Forbearance Conditions, Lenders agree to continue during the Forbearance Period to honor requests by Borrowers for Revolving Loans and Letter of Credit Accommodations pursuant to the Loan Agreement, not to exceed on any date the maximum amount permitted under the Loan Agreement to be outstanding on such date.

  • Neither this Amendment, Agents' and Lenders' forbearance under the Forbearance Agreement, as amended hereby, nor Agents' and Lenders' continued making of loans or other extensions of credit to Borrowers in accordance with the Forbearance Agreement, as amended hereby, and the Financing Agreements shall be deemed a waiver of or consent to the Stipulated Defaults or any other Event of Default.


More Definitions of Stipulated Defaults

Stipulated Defaults means, collectively: (i) the Event of Default that occurred on July 18, 2016 and presently exists and is continuing as a result of Borrowers’ failure to make the payment of interest due on June 15, 2016, in respect of the Senior Unsecured Notes, which constitutes an Event of Default under Section 10.8 of the Loan Agreement, (ii) an Event of Default that will occur on January 15, 2017 as a result of Borrowers’ failure to make the payment of interest due on December 15, 2016 in respect of the Senior Unsecured Notes, which, unless cured by Borrowers prior to such date, will constitute an Event of Default under Section 10.8 of the Loan Agreement, (iii) one or more Events of Default that have occurred prior to the date hereof as a result of Borrowers’ failure to hold quarterly conference calls as required under Section 4.23(d) of the Senior Unsecured Notes Indenture for periods prior to the date hereof, each of which constitutes an Event of Default under Section 10.8 of the Loan Agreement, and (iv) one or more Events of Default that have occurred prior to the date hereof as a result of Borrowers’ failure to provide timely notice of default as required under Section 4.06(b) of the Senior Unsecured Notes Indenture with respect to the defaults described by this definition, each of which constitutes an Event of Default under Section 10.8 of the Loan Agreement.
Sample 1
Stipulated Defaults means the Events of Default that will exist under Sections 10.1(f), (h) and (l) of the Loan Agreement solely as a result of commencement of the ABC by Just-Rite.
Sample 1
Stipulated Defaults means the Events of Default anticipated to occur and referenced in Section 9(b) of this Amendment.
Sample 1
Stipulated Defaults means (a) the Events of Default occurring under Sections 8.1(d) and 8.1(o)(iii) of the Credit Agreement as a result of Borrowers’ commencement of the Liquidation Transactions in violation of Section 7.6 of the Credit Agreement, (b) the Event of Default occurring under Section 8.1(d) of the Credit Agreement as a result of Borrowers’ failure to deliver a Borrowing Base Certificate for the Fiscal Month ending February 2, 2019 on or before February 22, 2019 in accordance with Section 7 of the Addendum, as in effect prior to the effectiveness of this Agreement, (c) the Event of Default occurring under Section 8.1(c) of the Credit Agreement as a result of Borrowers’ error in the Borrowing Base Certificate for the Fiscal Month ending February 2, 2019, and (d) the Event of Default occurring under Section 8.1(d) of the Credit Agreement as a result of Borrowers’ failure to deliver an unqualified annual audit report (without a “going concern” or like qualification, exception or explanation and without any qualification or exception as to the scope of such audit) for Parent and its Subsidiaries for the Fiscal Year ending February 2, 2019 within 120 days after the end of such Fiscal Year in violation of Section 5.1(a) of the Credit Agreement.
Sample 1

Related to Stipulated Defaults

  • Specified Defaults means, collectively, the Existing Defaults and the Anticipated Defaults.

  • Existing Defaults means, collectively, the Events of Default identified on Exhibit A hereto.

  • Specified Default means a Default under Section 8.01(a), (f) or (g).

  • Financing Default means an event which would constitute (or with notice or lapse of time or both would constitute) an event of default (which event of default has not been cured) under or would otherwise violate or breach (i) any financing arrangement of the Company or any of its Subsidiaries in effect as of the time of the aforementioned event, and any extensions, renewals, refinancings or refundings thereof in whole or in part; and (ii) any provision of the Company's or any of its Subsidiary's constitutional documents.

  • Forbearance Default means any of: (A) the occurrence of any Default or Event of Default other than the Specified Defaults, (B) the failure of Borrower or any other Designated Company to timely and strictly comply with any term, condition, covenant, agreement or other obligation set forth in this Agreement, (C) the failure of any representation or warranty made by Borrower or any other Designated Company under or in connection with this Agreement to be true and complete in all material respects as of the date when made or any other material breach of any such representation or warranty, (D) the taking of any action by Borrower or any other Designated Company to in any way repudiate or assert a defense to any Obligation under the Credit Agreement, this Agreement or any of the other Loan Documents or the assertion of any claim or cause of action against Administrative Agent, Co-Administrative Agent or any Lender relating in any way thereto, (E) the date on which Administrative Agent, in its sole discretion or at the direction of the Required Lenders, delivers to Borrower a written notice terminating the Forbearance Period, which notice may be delivered at any time upon or after the delivery of any Proposed Vendor Payment Schedule Rejection Notice (as defined below) by the Administrative Agent in accordance with Section 3(c)(ii) hereof, or (F) Borrower fails to receive Inventory purchased with a CIA Payment (as defined below) within six (6) Business Days of the making of such CIA Payment. The occurrence of any Forbearance Default shall constitute an immediate Event of Default under the Credit Agreement and other Loan Documents. Upon the termination or expiration of the Forbearance Period, the agreement of Administrative Agent, Co-Administrative Agent and each Lender hereunder to forbear from exercising its default-related rights and remedies shall immediately terminate without the requirement of any demand, presentment, protest, or notice of any kind, all of which Borrower and each other Designated Company hereby waives. Borrower and each other Designated Company further agrees that any of Administrative Agent (upon direction of the Required Lenders to the extent provided in the Credit Agreement) and each Lender may at any time after the expiration or termination of the Forbearance Period proceed to exercise any and all of its rights and remedies under any or all of the Credit Agreement, any other Loan Document and/or applicable law, all of which rights and remedies are hereby fully reserved by Administrative Agent and each Lender. Any agreement by Administrative Agent and the Lenders to extend the Forbearance Period, if any, must be set forth in writing and signed by Administrative Agent and the Lenders. Borrower and each other Designated Company acknowledges that none of Administrative Agent or any Lender has made any assurances concerning any possibility of any extension of the Forbearance Period. Borrower and each other Designated Company acknowledges and agrees that any Loan or other financial accommodation which Administrative Agent, Co-Administrative Agent or any Lender makes to or for the benefit of Borrower or any other Designated Company on or after the Forbearance Effective Date has been made by such party in reliance upon, and is consideration for, among other things, the general releases and indemnities contained in Section 5 hereof and the other covenants, agreements, representations and warranties of Borrower and each other Designated Company hereunder.

  • Landlord Default shall have the meaning given such term in Article 14.

  • Funding Default as defined in Section 2.22.

  • Reporting Default means a Default described in Section 6.01(d).

  • Financial Covenant Event of Default has the meaning specified in Section 8.01(b).

  • Unmatured Default means an event which but for the lapse of time or the giving of notice, or both, would constitute a Default.

  • Note Event of Default means any “Event of Default” specified in Section 5.1 of the Indenture.

  • Actionable Default means (i) an Event of Default under and as defined by the Credit Facility Agreement or (ii) an event of default under the Public Indenture.

  • O & M Default means any default on the part of the Power Producer for a continuous period of ninety (90) days to (i) operate and/or (ii) maintain (in accordance with Prudent Utility Practices), the Project at all times.

  • Loan Default means any event, condition or failure which, with notice or lapse of time or both, would become a Loan Event of Default.

  • MI Default has the meaning given to it in paragraph 6.1 of Framework Schedule 9 (Management Information);

  • Loan Event of Default means any of the events specified in Section 5.1 of the Loan Agreement, provided that any requirement for the giving of notice, the lapse of time, or both, or any other condition, event or act has been satisfied.

  • Bank Default means (i) the refusal (which has not been retracted) of a Bank to make available its portion of any Borrowing or to fund its portion of any unreimbursed payment under Section 2.03(c) or (ii) a Bank having notified in writing the Borrower and/or the Agent that it does not intend to comply with its obligations under Section 1.01 or Section 2, in the case of either clause (i) or (ii) as a result of any takeover of such Bank by any regulatory authority or agency.

  • Major Default means any Event of Default occurring under Sections 4.1(a), 4.1(c), 4.1(l), or 4.1(p).

  • PTC Event of Default means, with respect to each Trust Agreement, the failure to pay within 10 Business Days after the due date thereof: (i) the outstanding Pool Balance of the applicable Class of Certificates on the Final Legal Distribution Date for such Class or (ii) interest due on such Certificates on any Distribution Date (unless the Subordination Agent shall have made an Interest Drawing or a withdrawal from the Cash Collateral Account relating to a Liquidity Facility for such Class, with respect thereto in an aggregate amount sufficient to pay such interest and shall have distributed such amount to the Trustee entitled thereto).

  • Lease Event of Default shall have the meaning specified in Section 17.1 of the Lease.

  • Forbearance Agreement means the forbearance agreement entered into by Granite Co. prior to the implementation of the 2011 Arrangement.

  • Lender Default means (a) the refusal or failure (which has not been cured) of a Lender to make available its portion of any Borrowing or to fund its portion of any Unpaid Drawing under Section 3.4 that it is required to make hereunder, (b) a Lender having notified the Administrative Agent and/or the Borrower that it does not intend to comply with its funding obligations under this Agreement or has made a public statement to that effect with respect to its funding obligations under this Agreement, (c) a Lender has failed to confirm (within one Business Day after a request for such confirmation is received by such Lender) in a manner reasonably satisfactory to the Administrative Agent, the Borrower and, in the case of a Revolving Credit Lender, each Revolving Letter of Credit Issuer that it will comply with its funding obligations under this Agreement, (d) a Lender being deemed insolvent or becoming the subject of a bankruptcy or insolvency proceeding or has admitted in writing that it is insolvent; provided that a Lender Default shall not be deemed to have occurred solely by virtue of the ownership or acquisition of any Stock in the applicable Lender or any direct or indirect parent company thereof by a Governmental Authority so long as such ownership interest does not result in or provide the applicable Lender with immunity from the jurisdiction of courts within the United States or from the enforcement of judgments or writs of attachment on its assets or permit the applicable Lender (or such Governmental Authority) to reject, repudiate, disavow or disaffirm any contracts or agreements made with the applicable Lender, or (e) a Lender that has, or has a direct or indirect parent company that has, become the subject of a Bail-In Action.

  • Insurance Agreement Event of Default means an "Event of Default" as defined in the Insurance Agreement.

  • Financial Covenant Default has the meaning assigned to such term in Section 8.01(6).

  • Waiver Period means, for each applicable fee, the period of time from the initial effective date of the MIAX PEARL Fee Schedule until such time that the Exchange has an effective fee filing establishing the applicable fee. The Exchange will issue a Regulatory Circular announcing the establishment of an applicable fee that was subject to a Waiver Period at least fifteen (15) days prior to the termination of the Waiver Period and effective date of any such applicable fee.

  • Declaration Event of Default means an “Event of Default” as defined in the Declaration.