Annual Methodology Requests Sample Clauses

Annual Methodology Requests. (a) If (i) the Company defaults in any of its obligations with respect to indebtedness for borrowed money of the Company in an outstanding principal amount greater than $50,000,000 which results in the acceleration of the Company's obligation to pay such indebtedness in full prior to its stated final maturity date, at any time prior to the payment of such indebtedness or the reversal of such acceleration, or (ii) an Event of Default occurs, at any time while such Event of Default is continuing, the Security Agent shall make a request by written notice to the Company that the next Independent Appraiser's Certificate scheduled to be delivered by the Company following such request be based upon the Annual Methodology. Subject to Section 2.6(a) hereof, following the Company's compliance with such request in accordance with this Section 2.5, if an American Bankruptcy Event shall have occurred and is continuing and the Company has not entered into an agreement of the kind described in Section 1110(a)(2)(A) of the Bankruptcy Code with respect to the Operative Documents, the Security Agent may make one or more additional requests that the Independent Appraiser's Certificate required to be delivered under this Collateral Maintenance Agreement following such additional request be based on the Annual Methodology (each request under this Section 2.5(a) to base an Independent Appraiser's Certificate on the Annual Methodology, an "Annual Methodology Request").
Sample 1
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