Certain Events of Default. The following Events of Default will apply to the parties as specified below, and the definition of “Event of Default” in Section 14 is deemed to be modified accordingly:
Certain Events of Default. Section 11.1.
Certain Events of Default. 17 Section 11.1. Additional Events of Default.................................17 Section 11.2. Waiver of Existing Defaults..................................17 ARTICLE XII MISCELLANEOUS................................................17
Certain Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default":
Certain Events of Default. Each of the following shall constitute an Event of Default hereunder and under each Note: (i) any failure to pay when due any amount of principal or interest in accordance with the terms of this Agreement or of any Note, and the continuation of such default without cure for a period of ten (10) calendar days after written notice by Lender of the occurrence of such default; (ii) any failure to pay when due any other amount payable to Lender under the terms of this Agreement or of any Note, and the continuation of such default without cure for a period of ten (10) calendar days after written notice by Lender of the occurrence of such default; (iii) any default by Borrower in the performance or observance of any covenant or agreement contained in this Agreement or in any Note, or in any other agreement made in connection herewith or therewith, or in any other agreement or instrument delivered to Lender in connection with this Agreement or any Note, and the continuation of such default without cure for a period of ten (10) calendar days after written notice by Lender of the occurrence of such default; (iv) any representation or warranty made by Borrower to Lender, or any representation, statement, certificate, schedule or report made or furnished to Lender on behalf of Borrower, is false or erroneous in any material respect at the time of its making or otherwise ceases to be accurate in any material respect; (v) Borrower applies for or consents to the appointment of a receiver, trustee or liquidator of its properties, or admits in writing its inability to pay debts as they mature, or makes a general assignment for the benefit of creditors, or any material part of Borrower’s assets or properties is placed in the charge of a receiver, trustee or other officer or representative of a court or of creditors; (vi) Borrower is adjudged a bankrupt, or any voluntary proceeding is instituted by Borrower in insolvency or bankruptcy or for readjustment, extension or composition of debts, or for any other relief of debtors; (vii) any involuntary proceeding is instituted against Borrower in insolvency or for readjustment, extension, or composition of debts, which proceeding is not dismissed within ninety (90) days after the filing of the same; (viii) entry by any court of a final judgment against Borrower, or the institution of any levy, attachment, garnishment or charging order against Borrower, which has a material adverse effect, as determined by Lender in Lender’s reason...
Certain Events of Default. If an Event of Default specified in ------------------------- clause (c), (e), or (f) of Section 4.1 shall occur and be continuing, then, at the request of the Majority Holders, the Company shall use all commercially reasonable efforts (a) to sell, license or otherwise dispose of the Products and the Competitive Products and the Company's interests therein as they relate to the Territory, subject to the terms and requirements of the Security Agreement and the Patent and Trademark Security Agreement, for a cash consideration at least equal to the fair market value thereof or (b) to complete one or more financing transactions to provide cash to the Company to enable it to repay or redeem this Note and the Other Notes in accordance with their terms on the earliest date on which the Company is permitted to do so and, if such Event of Default involves a violation by the Company of Section 3.2, to cure such violation.
Certain Events of Default. Clauses (i) and (ii) of Section 12(b) of the Master Lease are each hereby amended and restated in their entirety as follows:
Certain Events of Default. With respect to any breach of the Non-Assignment Covenant the phrase “if such failure is not remedied within 30 days after notice of such failure is given to the party” in Section 5(a)(ii)(1) of the Agreement shall be deemed to be deleted. It shall be an additional Event of Default under the Agreement, with no grace period or requirement for notice, with Counterparty as the Defaulting Party, if, at any time prior to the to the satisfaction all of the obligations of Counterparty under the Transaction (or, if later, the date on which Dealer notifies Counterparty that it has completed all sales of Exchange Property and/or Newmark Shares in the event Modified Physical Settlement or the Newmark Share Election, respectively, are applicable), the assignment of the Earn-Out Rights or any assignment of Additional Earn-Out Rights to Counterparty is, in whole or in part, revoked, invalidated, or otherwise becomes ineffective.
Certain Events of Default. The following Events of Default will apply to the parties so specified below, and the definition of "Events of Default" in Section 14 is deemed to be modified accordingly:
Certain Events of Default. Upon the occurrence of any Event of Default described in Section 8.2, all Obligations shall immediately become due and payable, without notice or demand.
