Confirmation by the Issuer of Obligations and Noteholder Specified Defaults Sample Clauses

Confirmation by the Issuer of Obligations and Noteholder Specified Defaults. (a) Each of the Issuer and the Guarantors acknowledges and agrees that, as of the Forbearance Effective Date (as hereinafter defined), the aggregate principal amount of the Notes outstanding is $575,000,000. Each of the Issuer and the Guarantors further acknowledges and agrees that the Notice was properly delivered and agrees that the Issuer’s failure to file (or in certain circumstances, post to the Issuer’s website) the Late SEC Report on or before November 1, 2020 shall constitute an Event of Default under the Indenture on November 2, 2020.
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Confirmation by the Issuer of Obligations and Noteholder Specified Defaults. (a) Each of the Issuer and the Guarantors acknowledges and agrees that, as of the Forbearance Effective Date (as hereinafter defined), the aggregate principal amount of the Notes outstanding is $575,000,000. Each of the Issuer and the Guarantors further acknowledges and agrees that (i) the notice of Default delivered September 2, 2020 from investment managers to beneficial holders of, or, holders of, the Notes (the “Noteholders”) representing 25% or more of the aggregate principal amount of the Notes was properly delivered and the Issuer’s failure to file (or in certain circumstances, post to the Issuer’s website) the Late 2020 Q2 10-Q (“Q2 2020 Reporting Default”) on or before November 1, 2020 constituted an Event of Default under the Indenture on November 2, 2020, (ii) the notice of Default delivered December 7, 2020 from the Trustee was properly delivered and the Issuer’s failure to file (or in certain circumstances, post to the Issuer’s website) the Late 2020 Q3 10-Q (“Q3 2020 Reporting Default”) on or before February 5, 2021 constituted an Event of Default under the Indenture on February 6, 2021, (iii) the notice of Default delivered April 30, 2021 from the Trustee was properly delivered and the Issuer’s failure to file (or in certain circumstances, post to the Issuer’s website) the Late 2020 10-K (“Q4 2020 Reporting Default”) on or before June 29, 2021 constituted an Event of Default under the Indenture on June 30, 2021 and (iv) the notice of Default delivered July 2, 2021 from the Trustee was properly delivered and the Issuer’s failure to file (or in certain circumstances, post to the Issuer’s website) the Late 2021 Q1 10-Q (“Q1 2021 Reporting Default”) on or before August 31, 2021 will constitute an Event of Default under the Indenture on September 1, 2021.
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Confirmation by the Issuer of Obligations and Noteholder Specified Defaults. (a) Each of the Issuer and the Guarantors acknowledges and agrees that, as of the Forbearance Effective Date (as hereinafter defined), the aggregate principal amount of the Notes outstanding is $575,000,000. Each of the Issuer and the Guarantors further acknowledges and agrees that (i) the Q2 Notice was properly delivered and the Issuer’s failure to file (or in certain circumstances, post to the Issuer’s website) the Late Q2 SEC Report on or before November 1, 2020 constituted an Event of Default under the Indenture on November 2, 2020 and (ii) the Q3 Notice was properly delivered and the Issuer’s failure to file (or in certain circumstances, post to the Issuer’s website) the Late Q3 SEC Report on or before February 5, 2021 shall constitute an Event of Default under the Indenture on February 6, 2020.
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Related to Confirmation by the Issuer of Obligations and Noteholder Specified Defaults

  • Confirmation of Obligations Executive hereby confirms and agrees to his continuing obligation under the Agreement after termination of employment not to directly or indirectly disclose to third parties or use any Confidential Information (as defined in the Agreement) that he may have acquired, learned, developed, or created by reason of his employment with the Company.

  • Reaffirmation of Obligations Each Loan Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms all of its obligations under the Loan Documents and (c) agrees that this Amendment and all documents executed in connection herewith do not operate to reduce or discharge such Loan Party’s obligations under the Loan Documents.

  • Authorization of Receipt of Funds by the Trustee Under the Security Documents Subject to the provisions of the Intercreditor Agreement, the Trustee is authorized to receive any funds for the benefit of the Holders distributed under the Security Documents, and to make further distributions of such funds to the Holders according to the provisions of this Indenture.

  • Authorization of Receipt of Funds by the Trustee Under the Collateral Documents Subject to the provisions of the Intercreditor Agreements, the Trustee is authorized to receive any funds for the benefit of the Holders distributed under the Collateral Documents, and to make further distributions of such funds to the Holders according to the provisions of this Indenture.

  • Designation of the Trust, the Notes, the Funding Agreement and the Guarantee The Trust created by the Trust Agreement and referred to in the Indenture is the Principal Life Income Fundings Trust specified in the Omnibus Instrument. The Notes issued by the Trust and governed by the Indenture shall be the Notes specified in the Pricing Supplement. The Funding Agreement designated hereby is the Funding Agreement designated in the Pricing Supplement dated as of the Original Issue Date between the Trust and Principal Life. The Guarantee designated hereby is the Guarantee dated as of the Original Issue Date of PFG.

  • Additional Representations and Agreements of Counterparty Counterparty represents, warrants and agrees as follows:

  • Registration of Equipment Notes in Name of Subordination Agent The Trustee agrees that all Equipment Notes to be purchased by the Trust shall be issued in the name of the Subordination Agent or its nominee and held by the Subordination Agent in trust for the benefit of the Certificateholders, or, if not so held, the Subordination Agent or its nominee shall be reflected as the owner of such Equipment Notes in the register of the issuer of such Equipment Notes.

  • Affirmation of Obligations Each of the Credit Parties hereby acknowledges, agrees and affirms (a) its obligations under the Credit Agreement and the other Loan Documents, including, without limitation, its guaranty obligations thereunder, (b) that such guaranty shall apply to the Obligations in accordance with the terms thereof, (c) the grant of the security interest in all of its assets pursuant to the Loan Documents and (d) that such liens and security interests created and granted are valid and continuing and secure the Obligations in accordance with the terms thereof.

  • Ratification of Obligations Except as specifically modified herein, the Indenture and the Notes are in all respects ratified and confirmed (mutatis mutandis) and shall remain in full force and effect in accordance with their terms.

  • Repayment of Obligations Notwithstanding anything to the contrary contained herein, the Borrower shall repay the Advances Outstanding, all accrued and unpaid Yield, any Breakage Fees, Increased Costs, all accrued and unpaid costs and expenses of the Administrative Agent and Lenders and all other Obligations (other than unmatured contingent indemnification obligations) in full on the Facility Maturity Date.

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