Common use of Materiality Exception Clause in Contracts

Materiality Exception. The Lien Grantors have the right not to comply with the foregoing provisions of this Section with respect to Deposit Accounts having collected balances that do not at any time exceed $10,000,000 in the aggregate for all Lien Grantors. However, if an Event of Default occurs and is continuing, the Administrative Agent may terminate the foregoing right not to comply, or reduce the amount thereof, by giving at least ten Business Days' notice of such termination or reduction to the relevant Lien Grantors.

Appears in 2 contracts

Sources: Indenture (Cummins Inc), Guarantee and Security Agreement (Cummins Inc)

Materiality Exception. The Lien Grantors have the right not to comply with the foregoing provisions of this Section with respect to Deposit Accounts having total collected balances that do not at any time exceed $10,000,000 1,500,000 in the aggregate for all Lien Grantors. However, if an Event of Default occurs and is continuing, the Administrative Collateral Agent may terminate the foregoing right not to comply, or reduce the amount thereof, by giving at least ten 10 Business Days' ’ notice of such termination or reduction to the relevant Lien Grantors.

Appears in 1 contract

Sources: Security Agreement (Evergreen Energy Inc)