Exercise of Remedies means the exercise of any enforcement rights or remedies that are available to the Administrative Agent, any Lender, any other Holder or other Person holding Obligations upon the occurrence of an Event of Default including, without limitation, any or all of the following:
Exercise of Remedies has the meaning set forth in Section 5.1.
Exercise of Remedies has the meaning set forth in Section 5.1(a)(i).
Examples of Exercise of Remedies in a sentence
Enforcement 16 3.1 Exercise of Remedies 16 3.2 Actions Upon Breach; Specific Performance 20 SECTION 4.
More Definitions of Exercise of Remedies
Exercise of Remedies means with respect to any Indebtedness the exercise of any remedy (judicially or non-judicially) in respect of such Indebtedness including an acceleration of such Indebtedness (with or without the taking of any action), the commencement of any action, suit or proceeding in respect of such Indebtedness or the application of any collateral to such Indebtedness.
Exercise of Remedies shall have the meaning assigned to such term in the AAL.
Exercise of Remedies means, with respect to each Lender, the taking of any action to enforce its rights or remedies against the Company Group following the occurrence of a Potential Default or Event of Default under its respective Financing Agreements, including, without limitation, the termination of a commitment to lend, the acceleration of all or a portion of the Obligations under such Financing Agreements, the filing or initiation of an Insolvency or Liquidation Proceeding against the Company or any other Person within the Company Group, the commencement of any foreclosure proceedings against any Collateral, the repossession of any Collateral, or the appointment or institution of a receiver, custodian or similar official to take custody of any assets of the Company or other members of the Company Group; provided, however, that the term "Exercise Remedies" shall specifically exclude (i) the issuance of any notice of default, (ii) any actions by a Credit Party to suspend (a) any disbursements from any accounts of the Company Group in which such Credit Party has a security interest or (b) Advances under the particular Facility and (iii) the recording of a Notice of Default in the County Recorder's Office of Xxxxx County, Nevada.
Exercise of Remedies means the exercise of remedies by the Lender or other assignments, transfers or transactions with respect to the Pledged Convertible Notes or Pledged Common Stock (each as defined below) made in connection with an Event of Default or Market Value Cure Failure (each as defined in the Margin Loan Agreement) contemplated by the Margin Loan Agreement, and the “Transactions” shall mean the entry of the Borrower and the Lender into the Margin Loan Agreement and the transactions contemplated thereby, including the Exercise of Remedies. Pursuant to the Margin Loan Agreement, the Lender is acquiring a first priority security interest in, inter alia, (x) [0.75]% Convertible Senior Notes due 202[6] (the “Convertible Notes” and, upon crediting of such Convertible Notes to the Collateral Account, the “Pledged Convertible Notes”) of [Splunk Inc.] (the “Issuer”) issued pursuant to an indenture (the “Indenture”) between the Issuer and U.S. Bank National Association, as trustee (the “Trustee”) and (y) certain shares of common stock of the Issuer that may be received upon conversion or repurchase of the Convertible Notes from time to time (the “Common Stock” and, upon crediting of such shares of Common Stock to the Collateral Account, the “Pledged Common Stock”) to secure the Borrower’s obligations under the Margin Loan Agreement. The Pledged Convertible Notes and any Pledged Common Stock will be credited or delivered to, and held in, one or more accounts of Borrower at a third-party custodian (the “Custodian”) in each case subject to the security interest granted under the Margin Loan Agreement (each, a “Collateral Account”, and collectively, the “Collateral Accounts”). In connection with the foregoing:
Exercise of Remedies shall have the meaning assigned to such term in Section 1.11.
Exercise of Remedies means, subject to any Acceptable Intercreditor Agreement, the exercise of remedies hereunder or under any other Loan Document by any Agent (or after the Loans (or any portion thereof) or any other Obligations have automatically become due and payable in accordance with Section 8.01).
Exercise of Remedies. Substantially similar to the Existing Credit Agreement, with the following changes: upon the occurrence and continuance of (i) a payment default on the New Revolving Credit after the expiration of any cure period, (ii) an event of default under the New Credit Agreement as a result of a cross-acceleration of other indebtedness of the Company in excess of $50 million in aggregate amount, (iii) the maturity date of the New Revolving Credits or (iv) a bankruptcy, if the Requisite Lenders (as defined below) have not commenced the exercise of remedies under the Credit Agreement within 15 days with respect to clause (i), 90 days with respect to clause (ii) and the Business Day following the maturity date or bankruptcy, as applicable, with respect to clause (iii) or clause (iv), the Majority Revolving Lenders (as defined below) may commence the exercise of remedies with respect thereto until such time as such event is cured or the Requisite Lenders commence the exercise of remedies with respect thereto. Voting: Substantially similar to the Existing Credit Agreement (including existing provisions requiring the consent of each lender, or each affected lender, thereunder), with the following changes: • the written consent of the Supermajority Lenders shall be required to (i) amend or waive the ratable sharing provision (i.e., Section 2.17 of the Existing Credit Agreement, which shall be amended as necessary to conform to the other provisions of this term sheet), (ii) amend the Collateral Proceeds Waterfall or any other provision related to payment priority, pro rata sharing or related definitions, (iii) amend or waive the application of voluntary or mandatory prepayments provisions and (iv) amend or waive the following negative covenants: • Indebtedness; provided that, (i) the incurrence of any Incremental Indebtedness shall not require any Lender consent and (ii) up to an additional $25 million of Priority Obligations (treating for this purpose any additional New Revolving Facility commitments as being fully drawn when committed), or other indebtedness pari passu therewith, shall only require the consent of Requisite Lenders, in each case, conditioned on the proceeds of such Indebtedness being used by the Company for general corporate or working capital purposes other than to repay the Tranche B Term Loans or any other junior indebtedness (which additional obligations shall constitute New Revolving Loans or Tranche A Term Loans, as applicable, for purposes of calcul...