Forbearance Period. If an Event of Default of the type referred to in Section 16.1(h) occurs, Vitol agrees that, for a period of up to sixty (60) consecutive calendar days thereafter (the “Forbearance Period”), it shall forbear from exercising its rights and remedies under Section 16.2 to the extent it is otherwise entitled to do so based on such occurrence; provided that: (a) at all times during the Forbearance Period, either the Cover Exposure shall equal zero or the aggregate amount of Undrawn Letters of Credit shall exceed the Cover Exposure; and (b) at no time during the Forbearance Period shall any other Event of Default have occurred. The Forbearance Period shall end on the earlier to occur of (i) the sixtieth (60th) day following the occurrence of the Specified Indebtedness Event of Default or (ii) the time as of which the condition in either clause (a) or (b) of Section 16.4 is no longer satisfied. During the Forbearance Period, Vitol shall continue to supply Crude Oil to Coffeyville pursuant to the provisions hereof. From and after the end of the Forbearance Period, Vitol shall be entitled to exercise any and all of the rights and remedies it may have (including under Section 16.2) based on the occurrence of such Event of Default as if no Forbearance Period had occurred (regardless of whether such Event of Default has been remedied or waived during such Forbearance Period).
Appears in 3 contracts
Sources: Crude Oil Supply Agreement, Crude Oil Supply Agreement (CVR Energy Inc), Crude Oil Supply Agreement (CVR Refining, LP)
Forbearance Period. (a) If an a Specified Transaction Event of Default or a Specified Indebtedness Event of the type referred to in Section 16.1(h) Default occurs, Vitol Supplier agrees that, for a period of up to sixty (60) consecutive calendar days thereafter (the “Forbearance Period”), it shall forbear from exercising its rights and remedies under Section 16.2 17.2 to the extent it is otherwise entitled to do so based on such occurrence; provided that:
(ai) at all times during the Forbearance Period, either the Cover Current Exposure shall equal zero or the aggregate amount of Undrawn Letters of Credit LCs shall exceed the Cover Current Exposure; and
(bii) at no time during the Forbearance Period Period, shall any other Event of Default have occurred. .
(b) The Forbearance Period shall end on the earlier to occur of (i) the sixtieth (60th) day following the occurrence of the Specified Transaction Event of Default or the Specified Indebtedness Event of Default Default, as the case may be, or (ii) the time as of which the condition in either clause (ai) or (bii) of Section 16.4 17.3(a) is no longer satisfied. During the Forbearance Period, Vitol Supplier shall continue to supply Crude Oil to Coffeyville pursuant to the provisions hereof. .
(c) From and after the end of the Forbearance Period, Vitol Supplier shall be entitled to exercise any and all of the rights and remedies it may have (including without limitation under Section 16.217.2) based on the occurrence of such Specified Transaction Event of Default or Specified Indebtedness Event of Default, as the case may be, as if no Forbearance Period had occurred (regardless of whether such Specified Transaction Event of Default or Specified Indebtedness Event of Default, as the case may be, has been remedied or waived during such Forbearance Period).
Appears in 3 contracts
Sources: Crude Oil Supply Agreement (CVR Energy Inc), Crude Oil Supply Agreement (CVR Energy Inc), Crude Oil Supply Agreement (CVR Energy Inc)
Forbearance Period. If an Event of Default of the type referred to in Section 16.1(h19.1(h) occurs, Vitol agrees that, for a period of up to sixty (60) consecutive calendar days thereafter (the “Forbearance Period”), it shall forbear from exercising its rights and remedies under Section 16.2 19.2 to the extent it is otherwise entitled to do so based on such occurrence; provided that:
(a) at all times during the Forbearance Period, either the Cover Exposure shall equal zero or the aggregate amount of Undrawn Letters of Credit shall exceed the Cover Exposure; and
(b) at no time during the Forbearance Period shall any other Event of Default have occurred. The Forbearance Period shall end on the earlier to occur of (i) the sixtieth (60th) day following the occurrence of the Specified Indebtedness Event of Default or (ii) the time as of which the condition in either clause (a) or (b) of Section 16.4 19.3 is no longer satisfied. During the Forbearance Period, Vitol shall continue to supply Crude Oil to Coffeyville pursuant to the provisions hereof. From and after the end of the Forbearance Period, Vitol shall be entitled to exercise any and all of the rights and remedies it may have (including without limitation under Section 16.219.2) based on the occurrence of such Event of Default as if no Forbearance Period had occurred (regardless of whether such Event of Default has been remedied or waived during such Forbearance Period).
Appears in 1 contract
Forbearance Period. If an Event of Default of the type referred to in Section 16.1(h19.1(h) occurs, Vitol agrees that, for a period of up to sixty (60) consecutive calendar days thereafter (the “Forbearance Period”), it shall forbear from exercising its rights and remedies under Section 16.2 19.2 to the extent it is otherwise entitled to do so based on such occurrence; provided that:
: (a) at all times during the Forbearance Period, either the Cover Exposure shall equal zero or the aggregate amount of Undrawn Letters of Credit shall exceed the Cover Exposure; and
and (b) at no time during the Forbearance Period shall any other Event of Default have occurred. The Forbearance Period shall end on the earlier to occur of (i) the sixtieth (60th) day following the occurrence of the Specified Indebtedness Event of Default or (ii) the time as of which the condition in either clause (a) or (b) of Section 16.4 19.3 is no longer satisfied. During the Forbearance Period, Vitol shall continue to supply Crude Oil to Coffeyville pursuant to the provisions hereof. From and after the end of the Forbearance Period, Vitol shall be entitled to exercise any and all of the rights and remedies it may have (including without limitation under Section 16.219.2) based on the occurrence of such Event of Default as if no Forbearance Period had occurred (regardless of whether such Event of Default has been remedied or waived during such Forbearance Period).
Appears in 1 contract
Sources: Crude Oil Supply Agreement
Forbearance Period. If an Event of Default At the request of the type Issuer, the Holders party hereto hereby agree, subject to the terms and conditions herein, (i) to forbear from the exercise of their rights and remedies, whether at law (including, without limitation, any such rights and remedies arising under the Trust Indenture Act of 1939), in equity, by agreement or otherwise, available to the Holders as a result of the Anticipated Defaults and (ii) to the extent that the Trustee accelerates the Notes during the Forbearance Period solely in connection with any Anticipated Default, each of the Holders party hereto (which, in the aggregate, beneficially hold in excess of fifty percent of all Notes issued) shall vote to decelerate or reverse the acceleration to the extent the Holders are entitled to decelerate or reverse the acceleration pursuant to the terms of the Indenture, until the earliest of (the “Forbearance Termination Date” and the period beginning on the Effective Date and terminating on the Forbearance Termination Date being hereinafter referred to in Section 16.1(h) occurs, Vitol agrees that, for a period of up to sixty (60) consecutive calendar days thereafter (as the “Forbearance Period”), it shall forbear from exercising its rights and remedies under Section 16.2 to the extent it is otherwise entitled to do so based on such occurrence; provided that:):
(aA) at all times during December 30, 2015;
(B) the Forbearance Period, either filing of a chapter 11 case (or cases) by the Cover Exposure shall equal zero Issuer or any of its subsidiaries;
(C) the aggregate amount occurrence of Undrawn Letters an Event of Credit shall exceed Default under the Cover ExposureIndenture other than an Anticipated Default; and
(bD) at no time during the Forbearance Period shall any other occurrence of an Event of Default have occurred. The Forbearance Period shall end on under the earlier First Lien Credit Agreement (subject to occur a grace period of (i) 10 business days and the sixtieth (60th) day following the occurrence benefits of the Specified Indebtedness Event of Default or (ii) the time as of which the condition in either clause (a) or (b) of Section 16.4 is no longer satisfied. During the Forbearance Period, Vitol shall continue to supply Crude Oil to Coffeyville pursuant to the provisions hereof. From and after the end of the Forbearance Period, Vitol shall be entitled to exercise any and all of the rights and remedies it may have (including under Section 16.2) based on the occurrence of such Event of Default as if no Forbearance Period had occurred (regardless of whether such Event of Default has been remedied or waived during such Forbearance Periodwaivers thereof).
Appears in 1 contract
Sources: Forbearance Agreement (Magnum Hunter Resources Corp)
Forbearance Period. If an Event of Default of the type referred to in Section 16.1(h) occurs, Vitol agrees that, for a period of up to sixty (60) consecutive calendar days thereafter (the “Forbearance Period”), it shall forbear from exercising its rights and remedies under Section 16.2 to the extent it is otherwise entitled to do so based on such occurrence; provided that:
(a) at all times during the Forbearance Period, either the Cover Exposure shall equal zero or the aggregate amount of Undrawn Letters of Credit shall exceed the Cover Exposure; and
(b) at no time during the Forbearance Period shall any other Event of Default have occurred. The Forbearance Period shall end on the earlier to occur of (i) the sixtieth (60th) day following the occurrence of the Specified Indebtedness Event of Default or (ii) the time as of which the condition in either clause (a) or (b) of Section 16.4 is no longer satisfied. During the Forbearance Period, Vitol shall continue to supply Crude Oil to Coffeyville pursuant to the provisions hereof. From and after the end of the Forbearance Period, Vitol shall be entitled to exercise any and all of the rights and remedies it may have (including without limitation under Section 16.2) based on the occurrence of such Event of Default as if no Forbearance Period had occurred (regardless of whether such Event of Default has been remedied or waived during such Forbearance Period).
Appears in 1 contract
Forbearance Period. (a) If an a Specified Transaction Event of Default or a Specified Indebtedness Event of the type referred to in Section 16.1(h) Default occurs, Vitol Supplier agrees that, for a period of up to sixty (60) consecutive calendar days thereafter (the “Forbearance Period”), it shall forbear from exercising its rights and remedies under Section 16.2 17.2 to the extent it is otherwise entitled to do so based on such occurrence; provided that:
: (ai) at all times during the Forbearance Period, either the Cover Current Exposure shall equal zero or the aggregate amount of Undrawn Letters of Credit LCs shall exceed the Cover Current Exposure; and
and (bii) at no time during the Forbearance Period Period, shall any other Event of Default have occurred. .
(b) The Forbearance Period shall end on the earlier to occur of (i) the sixtieth (60th) day following the occurrence of the Specified Transaction Event of Default or the Specified Indebtedness Event of Default Default, as the case may be, or (ii) the time as of which the condition in either clause (ai) or (bii) of Section 16.4 17.3(a) is no longer satisfied. During the Forbearance Period, Vitol Supplier shall continue to supply Crude Oil to Coffeyville pursuant to the provisions hereof. .
(c) From and after the end of the Forbearance Period, Vitol Supplier shall be entitled to exercise any and all of the rights and remedies it may have (including without limitation under Section 16.217.2) based on the occurrence of such Specified Transaction Event of Default or Specified Indebtedness Event of Default, as the case may be, as if no Forbearance Period had occurred (regardless of whether such Specified Transaction Event of Default or Specified Indebtedness Event of Default, as the case may be, has been remedied or waived during such Forbearance Period).. ARTICLE 18
Appears in 1 contract
Sources: Crude Oil Supply Agreement