Common use of The Trigger Event Date Clause in Contracts

The Trigger Event Date. Notwithstanding anything in this Depository Agreement to the contrary, on and after receipt by Depository Bank of written notice, in the form attached hereto as Exhibit B (such notice, the “Trigger Event Notice”) from the Administrative Agent (with a copy of such notice to be delivered to the Collateral Agent), any Secured Hedge Provider and Borrower simultaneously with the delivery thereof to Depository Bank) certifying to Depository Bank that a Trigger Event has occurred and is continuing (the date of Depository Bank’s receipt of such notice and until Depository Bank has had a reasonable time to comply with such notice, but in any event no more than two Business Days after Depository Bank’s receipt thereof), the “Trigger Event Date”): (i) no transfer or withdrawal of funds from any Collateral Account shall be requested by Borrower or implemented by Depository Bank pursuant to any Withdrawal/Transfer Certificate or otherwise, and (ii) such funds shall be retained in the applicable Collateral Account for application by Depository Bank in accordance with a Remedies Direction, in the form attached hereto as Exhibit C. The Administrative Agent, acting in accordance with the Collateral Agency Agreement, shall have the right to direct the Collateral Agent to rescind any Trigger Event Notice by providing written notice to Depository Bank of its decision to rescind the Trigger Event Notice, and upon and after receipt of such notice, (and until Depository Bank has had a reasonable time to comply with such notice (but in any event no more than two Business Days after Depository Bank’s receipt thereof)) the Trigger Event (including the Trigger Event Date and all Remedies Directions delivered in connection with such Trigger Event) shall, for all purposes of this Depository Agreement, be deemed to not have occurred or been given. The Administrative Agent Agent shall, as soon as reasonably practicable, provide a copy of such rescission notice to Borrower.

Appears in 1 contract

Sources: Credit Agreement (Sunrun Inc.)

The Trigger Event Date. Notwithstanding anything in this Depository Agreement to the contrary, on and after receipt by Depository Bank of written notice, in the form attached hereto as Exhibit B notice (such notice, the “Trigger Event Notice”) from the Administrative Agent (with a copy of such notice to be delivered to the Collateral Agent), any Secured Hedge Provider and Borrower simultaneously with the delivery thereof to Depository Bank) Lender certifying to Depository Bank that a Trigger Event has occurred and is continuing (the date of Depository Bank’s receipt of such notice and until Depository Bank has had a reasonable time to comply with such notice, but in any event no more than two Business Days after Depository Bank’s receipt thereof), the “Trigger Event Date”) (with a copy of such notice to be delivered by Lender to Borrower simultaneously with the delivery thereof to Depository Bank): (i) no transfer or withdrawal of funds from any Collateral Account shall be requested by Borrower or implemented by Depository Bank pursuant to any Withdrawal/Transfer Certificate or otherwise, and (ii) such funds shall be retained in the applicable Collateral Account for application by Depository Bank in accordance with a Remedies Direction, in the form attached hereto as Exhibit C. The Administrative Agent, acting in accordance with the Collateral Agency Agreement, . Lender shall have the right to direct the Collateral Agent to rescind any Trigger Event Notice by providing written notice to Depository Bank of its decision to rescind the (which it shall do promptly if such Trigger Event Noticeis no longer continuing or has been waived by Lender), and upon and after the Depository Bank’s receipt of such notice, (and until Depository Bank has had a reasonable time to comply with such notice (but in any event no more than two Business Days after Depository Bank’s receipt thereof)) the Trigger Event (including the Trigger Event Date and all Remedies Directions delivered in connection with such Trigger Event) shall, for all purposes of this Depository Agreement, be deemed to not have occurred or been givengiven (provided that the delivery of such notice shall not invalidate actions previously taken by the Depository Bank pursuant to the rescinded Trigger Event Notice). The Administrative Agent Agent shall, as soon as reasonably practicable, Lender shall simultaneously provide a copy of such rescission notice to Borrower.

Appears in 1 contract

Sources: Loan Agreement (Fuelcell Energy Inc)

The Trigger Event Date. Notwithstanding anything in this Depository Depositary Agreement to the contrary, on and after receipt by Depository Bank Depositary Agent of written notice, in the form attached hereto as Exhibit B (such notice, the “Trigger Event Notice”) from the Administrative Collateral Agent (pursuant to the Collateral Agency Agreement) (with a copy of such notice to be delivered by the Collateral Agent to the Collateral Agent), any Secured Hedge Provider Administrative Agent and Borrower simultaneously with the delivery thereof to Depository BankDepositary Agent) certifying to Depository Bank Depositary Agent that a Trigger Event has occurred and is continuing (the date of Depository BankDepositary Agent’s receipt of such notice and until Depository Bank Depositary Agent has had a reasonable time to comply with such notice, but in any event no more than two one Business Days Day after Depository BankDepositary Agent’s receipt thereof), the “Trigger Event Date”): (i) no transfer or withdrawal of funds from any Collateral Account shall be requested by Borrower or Guarantors or implemented by Depository Bank Depositary Agent pursuant to any Withdrawal/Transfer Certificate or otherwise, and (ii) such funds shall be retained in the applicable Collateral Account for application by Depository Bank Depositary Agent in accordance with a Remedies Direction, in the form attached hereto as Exhibit C. C (Form of Remedies Direction). The Administrative Collateral Agent, acting in accordance with the Collateral Agency Agreement, shall have the right to direct the Collateral Agent to rescind any Trigger Event Notice by providing written notice to Depository Bank of its decision Depositary Agent to rescind the Trigger Event Notice, and upon and after receipt of such notice, (and until Depository Bank Depositary Agent has had a reasonable time to comply with such notice (but in any event no more than two Business Days after Depository BankDepositary Agent’s receipt thereof)) the Trigger Event (including the Trigger Event Date and all Remedies Directions delivered in connection with such Trigger Event) shall, for all purposes of this Depository Depositary Agreement, be deemed to not have occurred or been given. The Administrative Agent Collateral Agent shall, as soon as reasonably practicable, provide a copy of such rescission notice to Borrower.

Appears in 1 contract

Sources: Fixed Rate Loan Agreement (Vivint Solar, Inc.)