Forbearance Default. As used herein, “Forbearance Default” means any of the following:
Forbearance Default. “Forbearance Default” means (a) the occurrence of any of the Events of Default under the Note; (b) the failure of LDSR to comply with any term, condition, or covenant set forth in this Agreement; (c) any representation made by LDSR under or in connection with this Agreement which shall prove to be materially false or misleading as of the date when made; or, (d) the filing of any petition (voluntary or involuntary) under the insolvency or bankruptcy laws of the United States or any state thereof, with respect to LDSR, or any of its subsidiaries.
Forbearance Default. Nothing set forth herein or contemplated hereby (a) is intended to or shall be construed as a waiver of or acquiescence to any Specified Default, which shall continue in existence subject only to the terms of the forbearance expressly provided for in Section 1(a) hereof, or (b) shall constitute an agreement by the Administrative Agent and the Lenders to forbear the exercise of any of the rights and remedies available to the Administrative Agent and the Lenders under the Credit Agreement or the other Loan Documents, as the case may be, and/or Applicable Law (all of which rights and remedies are hereby expressly reserved by the Administrative Agent and the Lenders) upon and after the occurrence of a Forbearance Default. For purposes hereof, the term “Forbearance Default” shall mean the occurrence of any or all of the following: (i) any Event of Default under the Credit Agreement other than the Specified Defaults; (ii) a breach by any of the Parent, the Borrower or the Guarantor of any term of this Agreement; or (iii) any breach or inaccuracy of any representation or warranty made by any of the Parent, the Borrower or the Guarantor in Section 4 hereof.
Forbearance Default. As used herein, “Forbearance Default” means any of the following: Holders of the Company’s Series B Preferred Stock
Forbearance Default. A Forbearance Default shall occur, immediately and without notice, if one or more of the following shall occur:
Forbearance Default. Nothing set forth herein or contemplated hereby (a) is intended to or shall be construed as a waiver of or acquiescence to any Specified Default, which shall continue in existence subject only to the terms of the Forbearance, or (b) shall constitute an agreement by the Lenders to forbear the exercise of any of the rights and remedies available to the Lenders under the Credit Agreement and the other Loan Documents (all of which rights and remedies are hereby expressly reserved by the Lenders) upon and after the occurrence of a Forbearance Default. For purposes hereof, the term “Forbearance Default” shall mean the existence of any or all of the following: (a) any Event of Default (including for the avoidance of doubt any payment default) under the Credit Agreement other than the Specified Defaults, (b) on or prior to June 10, 2008, the Borrower shall not have entered into binding definitive agreements with respect to each of the Atlantic City Sale, the Evansville Sale and/or the Vicksburg Horizon Sale (as defined in Amendment No. 1) that are reasonably anticipated (as determined in good faith by an independent financial advisor) to produce aggregate Net Cash Proceeds in an amount equal to the aggregate principal amount of all amounts outstanding under the Credit Agreement (including Term Loans, Revolving Loans, if any, and amounts due under Hedging Agreements), minus 10.0% of the aggregate principal amount of Term Loans and Revolving Loans outstanding as of such date, unless prior to such date, the Borrower shall have completed an Equity Issuance to Holdings, the Net Cash Proceeds of which are sufficient to fund the interest payment with respect to the Subordinated Notes payable on June 15, 2008, and the Borrower subsequently applies such Net Cash Proceeds to such payment (it being understood and agreed that Section 2.13(c) of the Credit Agreement shall not apply to such Net Cash Proceeds) and (c) a breach by the Loan Parties of any term of this Agreement; provided that, in the case of a breach of Sections 4(f) and (h), such breach shall continue unremedied for a period of 15 days. The Lenders shall be free to exercise any or all of their rights and remedies arising on account of any Event of Default under the Credit Agreement or any other Loan Document upon the Forbearance Termination Date.
Forbearance Default. Nothing set forth herein or contemplated hereby (a) is intended to or shall be construed as a waiver of or acquiescence to any Specified Default, which shall continue in existence subject only to the terms of the forbearance expressly provided for in Section 1(a) hereof, or (b) shall constitute an agreement by the Administrative Agent and the Lenders to forbear the exercise of any of the rights and remedies available to the Administrative Agent and the Lenders under the Credit Agreement or the other Loan Documents, as the case may be, and/or applicable law (all of which rights and remedies are hereby expressly reserved by the Administrative Agent and the Lenders) upon and after the occurrence of a Forbearance Default. For purposes
Forbearance Default. The occurrence of any Forbearance Default shall automatically and without further notice constitute an immediate Event of Default under the Loan Agreement and each of the Loan Documents.
Forbearance Default. 6. For so long as (a) the Leased Premises (or any part thereof) are not (i) the subject of leasing negotiations between Lessor and a prospective replacement tenant, or (ii) the subject of an executed lease agreement with a replacement tenant, and (b) Lessee is not in default hereunder or under the Note, Lessee shall have the option of re-leasing additional space within the Leased Premises under the original terms of the Lease; provided, however, that -------- ------- (x) such additional space must be contiguous with the space then occupied by Lessee within the Leased Premises, and (y) the re-leasing of such additional space does not render the remainder of the Leased Premises unmarketable to other prospective tenants; and provided, further, that at the time of any request to -------- ------- lease such additional space, Lessee shall provide Lessor with all financial statements and other information that Lessor shall request at such time to evidence Lessee's financial condition, and such financial statements and other information shall be satisfactory in Lessor's sole discretion to evidence that Lessee's financial condition meets Lessor's criteria for the leasing of such additional space. If Lessor and Lessee agree to the re-leasing of such additional space, any rental payments received by Lessor in respect thereof shall reduce the corresponding amounts set forth on "Exhibit B" hereto.
Forbearance Default. The following shall constitute events of default under this Agreement (each, an “Forbearance Default”), the occurrence of which shall result in the immediate termination of the Forbearance Period without notice of any kind and shall entitle Administrative Agent and Lenders to immediately exercise all of their rights and remedies available to it under the Credit Agreement and other Loan Documents or otherwise at law:
