Examples of Equity Cure Right in a sentence
If a Compliance Certificate delivered under Schedule 9 (Information covenants) of the Trust Deed for any period shows that there is an Event of Default as a result of the Collateral Cover Ratio being less than 1.05:1, the shareholders may at their sole discretion pay or procure the payment of additional equity to the Issuer in an amount (the Equity CureAmount) at least equal to the amount necessary to remedy such Event of Default in accordance with paragraph (c) (an Equity Cure Right).
If Borrower wishes to exercise an Equity Cure Right, (i) notice of Xxxxxxxx’s intent to exercise an Equity Cure Right shall be delivered no later than ten (10) days after the date the Compliance Statement calculating such Specified Financial Covenant is required to be delivered pursuant to Section 5.3(c), and (ii) an Equity Cure Right is limited to twice within each trailing four (4) quarter period, and three (3) times during the term of this Agreement.
Section 8.1 Events of Default 100 Section 8.2 Non Bankruptcy Defaults 102 Section 8.3 Bankruptcy Defaults 103 Section 8.4 Equity Cure Right 103 Section 8.5 Collateral Account 104 Section 8.6 Notice of Default 104 SECTION 9.
The Equity Cure Right shall not be exercised (x) in more than two fiscal quarters in any four consecutive fiscal quarter period or (y) more than four times during the term of this Loan Agreement, and the amount of any Equity Cure Investment shall be no greater than the amount of Consolidated Adjusted EBITDA (or cash, solely with respect to the minimum Liquidity Financial Covenant) required to cause the Borrowers to be in compliance with all financial covenants.
Upon the receipt by the Issuer of the Cure Amount pursuant to the exercise of such Equity Cure Right, such Cure Amount shall be deemed to reduce the Actual Disbursement Amount for the applicable calendar month or two calendar month period and the Approved Budget Covenant shall be recalculated for all purposes under the Note Documents.