Subject Defaults definition

Subject Defaults the Events of Default described on Exhibit A attached to the Forbearance Agreement.
Subject Defaults means (a) any Default or Event of Default arising under Section 7.1(a) of the Participation Agreement (but solely with respect to a failure by the Company to make or to cause to be made a payment of an Equity Contribution Amount due under Section 5.1(x) of the Participation Agreement), (b) any Default or Event of Default under Section 7.1(d) of the Participation Agreement (but solely with respect to Section 5.1(k) of the Participation Agreement or Section 2.4(a) (but solely as the same relates to the Project Budget), (b) or (c) of the Construction Agency Agreement but only to the extent that the Amended and Restated EPC Contract does not come into effect), (c) any Default or Event of Default under Section 7.1(h) of the Participation Agreement (but solely with respect to the PGET Gas Supply Agreement or the PGET Power Purchase Agreement and the occurrence of a "Material Adverse Change" (as such term is defined therein) under either such agreement), (d) any Default or Event of Default under Section 7.1(i) of the Participation Agreement, and (e) any Default or Event of Default under Section 7.1(p) of the Participation Agreement.
Subject Defaults shall have the meaning assigned to such term in Section 7.01(k).

Examples of Subject Defaults in a sentence

  • This waiver is limited to the extent described herein and shall not be construed to be a waiver of any other terms, provisions, covenants, warranties or agreements contained in the Credit Agreement or any of the Loan Documents or a waiver of any Default or Event of Default that may have occurred or may hereafter occur (other than the foregoing waiver of the Subject Defaults until the Limited Waiver Expiration Date).

  • The Administrative Agent and the Lenders reserve the right to exercise any rights and remedies available to them in connection with (a) any present or future defaults under the Credit Agreement or any other provision of any Loan Document other than the Subject Defaults, and (b) the Subject Defaults after the Limited Waiver Expiration Date.

  • On and after the Limited Waiver Expiration Date, the Subject Defaults shall constitute Events of Default under the Credit Agreement unless and until the Required Lenders, in their sole discretion, enter into a permanent waiver of the Subject Defaults.

  • On and after the Limited Waiver Expiration Date, the Subject Defaults shall constitute Events of Default under the Credit Agreement unless and until the Required Lenders and Required Revolving Credit Lenders, in their sole discretion, enter into a permanent waiver of the Subject Defaults.

  • In response to the Borrowers' request for a waiver of the Subject Defaults, Lenders hereby waive the Subject Defaults, provided, however, that nothing contained in this Amendment shall be construed to limit, impair or otherwise affect any rights of Lenders in respect of future noncompliance with any covenant, term or provision of the Credit Agreement or of any of the other Loan Documents.

  • Subject to the terms and conditions of this Agreement, the Lenders hereby waive the Subject Defaults.

  • Further, the Obligors warrant and represent that no Event of Default exists other than Third Forbearance Amendment and Seventeenth Amendment Subject Defaults, and nothing contained herein shall be deemed to constitute a waiver by the Lender of the Third Forbearance Amendment and Seventeenth Amendment Subject Defaults and/or any other Default or Event of Default which may nonetheless exist as of the date hereof.

  • For avoidance of doubt, and as set forth in the Forbearance Agreement, as a result of the Third Forbearance Amendment and Seventeenth Amendment Subject Defaults, the Lender has no further obligation to make any Revolver Loans and/or to issue Letters of Credit (hereinafter, each of such financial accommodation shall be referred to as a “Forbearance Period Financial Accommodation”).

  • Any existing Default or Event of Default (including, without limitation, the Subject Defaults), if any, shall continue and shall not be deemed waived or cured in any way by the execution of this Agreement.

  • At the request of and as an accommodation to the Credit Parties, subject to the terms and conditions set forth herein, including without limitation the conditions set forth in Section 5 hereof, Agent and the Lenders party hereto, which collectively constitute at least the Required Lenders, hereby waive the Subject Defaults.


More Definitions of Subject Defaults

Subject Defaults means only the following:
Subject Defaults is defined in the Tenth Amendment.

Related to Subject Defaults

  • Payment Default has the meaning set forth in Section 5.4(a) of the Indenture.

  • Incipient Default means any occurrence that is, or with notice or lapse of time or both would become, an Event of Default.

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

  • Senior Payment Default means any default in the payment of principal of (or premium, if any) or interest on any Senior Debt of the Company when due, whether at the Stated Maturity of any such payment or by declaration of acceleration, call for redemption or otherwise. In the event that any Senior Nonmonetary Default (as defined below) shall have occurred and be continuing, then, upon the receipt by the Company, the Subsidiary Guarantors and the Trustee of written notice of such Senior Nonmonetary Default from the agent for the Designated Senior Debt which is the subject of such Senior Nonmonetary Default, no Securities Payment shall be made during the period (the “Payment Blockage Period”) commencing on the date of such receipt of such written notice and ending on the earlier of (i) the date on which such Senior Nonmonetary Default shall have been cured or waived or shall have ceased to exist or all Designated Senior Debt the subject of such Senior Nonmonetary Default shall have been discharged; (ii) the 179th day after the date of such receipt of such written notice; or (iii) the date on which the Payment Blockage Period shall have been terminated by written notice to the Company, any Subsidiary Guarantor or the Trustee from the agent for the Designated Senior Debt initiating the Payment Blockage Period; provided, however, that nothing in this Section shall prevent the satisfaction of any sinking fund payment in accordance with Article Sixteen by delivering and crediting pursuant to Section 1602 Securities which have been acquired (upon redemption or otherwise) prior to the date of such receipt of such written notice. No more than one Payment Blockage Period may be commenced with respect to the Securities of a particular series during any 360-day period and there shall be a period of at least 181 consecutive days in each 360-day period when no Payment Blockage Period is in effect. For all purposes of this paragraph, no Senior Nonmonetary Default that existed or was continuing on the date of commencement of any Payment Blockage Period shall be, or be made, the basis for the commencement of a subsequent Payment Blockage Period, whether or not within a period of 360 consecutive days, unless such Senior Nonmonetary Default shall have been cured for a period of not less than 90 consecutive days.

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

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

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

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

  • Non-Payment Default means any event (other than a Payment Default) the occurrence of which entitles one or more Persons to accelerate the maturity of any Designated Senior Indebtedness.

  • Material Default means a material breach of this Framework Agreement and/or, breach by the Supplier of any of the following Clauses: Clause 8 (Warranties and Representations), Clause 9 (Prevention of Bribery and Corruption), Clause 13 (Statutory Requirements and Standards), Clause 14 (Non-Discrimination), Clause 15 (Provision of Management Information), Clause 16 (Management Charge), Clause 17 (Records and Audit Access), Clause 22 (Data Protection), Clause 23 (Freedom of Information) and Clause 31 (Transfer & Sub-contracting);

  • Loan Default means an event, which with the giving of notice or lapse of time or both, would become a Loan Event of Default.

  • 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).

  • Material Event of Default means any Event of Default arising under Section 10.01(a), 10.01(b) (solely with respect to a default related to Section 8.01, 8.20 or 9.13), 10.01(f), 10.01(i), 10.01(j), 10.01(n) or 10.01(o).

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

  • Credit Default Swap means any credit default swap entered into as a means to (i) invest in bonds, notes, loans, debentures or securities on a leveraged basis or (ii) hedge the default risk of bonds, notes, loans, debentures or securities.

  • Loan Event of Default An “Event of Default” as defined in the Loan Agreement.

  • Company Event of Default bears the meaning ascribed thereto in Section 13.1; “Company Notice of Default” bears the meaning ascribed thereto in Section 13.2;

  • Swap Default Any of the circumstances constituting an “Event of Default” under the Swap Agreement.

  • Customer Default shall have the meaning set forth in Section 11.1.

  • Acceleration Event of Default means an Event of Default under Section 5.1(a), (d), (e) or (f), whatever the reason for such Acceleration Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body.

  • Specified Event of Default means an Event of Default under Section 7.01(a), (b), (h) or (i).

  • Mortgage Loan Event of Default means an “Event of Default” under and as defined in the Mortgage Loan Agreement.

  • Event of Default has the meaning specified in Section 8.01.

  • Senior Event of Default means an Event of Default under a Senior Financing Agreement.