Forbearance Conditions definition

Forbearance Conditions means the conditions to forbearance set forth in Section 3(b) of this Agreement.
Forbearance Conditions means the requirement that each of the conditions set forth below shall be performed or satisfied, as and when required, TIME BEING OF THE ESSENCE, in all respects:
Forbearance Conditions. (a) The Borrower shall timely perform all of its obligations under this Agreement;

Examples of Forbearance Conditions in a sentence

  • The Borrower and the Guarantors agree to comply with the Forbearance Conditions in item 2 of Schedule 2.

  • Subject to the compliance by the Borrower and the Guarantors with all of the Forbearance Conditions and this Deed, Bankwest agrees to forbear from exercising its rights and remedies under the Facility Documents as a consequence of the Defaults for the Forbearance Period or for such longer period as agreed by Bankwest in writing.

  • Under the 2013 Forbearance Conditions, the applicable price caps were set on the basis that X = I.

  • From and after the date of execution and delivery hereof (the “Effective Date”), and as long as either of the Forbearance Conditions (as hereinafter defined) is and remains satisfied, each of the Interested Parties agrees that during the Forbearance Period (as hereinafter defined) it will not exercise or direct the Bond Trustee to exercise any right to accelerate the Bonds.

  • While on a preliminary basis the Commission considers that forbearance conditions should be retained for to Relevant Markets #1, #2 and #3, it is currently undecided as to whether the nominal price caps set under the 2013 Forbearance Conditions should be retained or, alternatively, replaced by real price caps together with other possible pricing safeguards.

  • The parties agree to negotiate in good faith in attempting to agree on the terms of the schedule referred to in item 9 of the Forbearance Conditions.

  • Subject to the terms of this Agreement, Franchisor agrees to forbear from terminating the Franchise Agreements or commencing any judicial proceedings to enforce the termination of the Franchise Agreements (to the extent applicable) until the earlier to occur of (a) August 31, 2011, and (b) the date upon which any of the Forbearance Conditions (as defined below) is not satisfied by the date required.

  • Failure to satisfy the Forbearance Conditions shall result in an action being filed against [Integrated] for breach of this Agreement, the monetary damages .

  • The following are responses to the various considerations and actions employed by the respondents to keep their mobile phone secured.

  • If Integrated failed to return the equipment within ten days after being requested to do so, it “shall become obligated to satisfy the Forbearance Conditions set forth herein.” The forbearance conditions obligated VMC to make payments to Sovereign totaling $127,703.76.


More Definitions of Forbearance Conditions

Forbearance Conditions means the conditions to forbearance set forth in Section 1.4 hereof.
Forbearance Conditions means the Loan Parties shall comply with the terms of Section 5 of this Amendment.
Forbearance Conditions means: (x) no Event of Default other than the Existing Events of Default shall occur and no Event of Default not known to the Administrative Agent on the date hereof shall become known to the Administrative Agent after the date hereof; (y) the Borrower and each other Credit Party shall perform as and when required, TIME BEING OF THE ESSENCE in all respects, all of their respective agreements and obligations hereunder (including, without limitation, Sections 4 and 5 of this Agreement) and under the Loan Documents; and (z) compliance at all times with the further conditions set forth in Sections 4 and 5 of this Agreement.
Forbearance Conditions means the conditions to forbearance set forth in Section 9(d) of this Amendment.

Related to Forbearance Conditions

  • Performance Conditions means specific levels of performance of the Company (and/or one or more members of the Company Group, divisions or operational and/or business units, product lines, brands, business segments, administrative departments, or any combination of the foregoing), which may be determined in accordance with GAAP or on a non-GAAP basis, including, without limitation, the following measures: (i) net earnings, net income (before or after taxes), or consolidated net income; (ii) basic or diluted earnings per share (before or after taxes); (iii) net revenue or net revenue growth; (iv) gross revenue or gross revenue growth, gross profit or gross profit growth; (v) net operating profit (before or after taxes); (vi) return measures (including, but not limited to, return on investment, assets, capital, employed capital, invested capital, equity, or sales); (vii) cash flow measures (including, but not limited to, operating cash flow, free cash flow, or cash flow return on capital), which may be but are not required to be measured on a per share basis; (viii) actual or adjusted earnings before or after interest, taxes, depreciation, and/or amortization (including EBIT and EBITDA); (ix) gross or net operating margins; (x) productivity ratios; (xi) share price (including, but not limited to, growth measures and total stockholder return); (xii) expense targets or cost reduction goals, general and administrative expense savings; (xiii) operating efficiency; (xiv) objective measures of customer/client satisfaction; (xv) working capital targets; (xvi) measures of economic value added or other ‘value creation’ metrics; (xvii) enterprise value; (xviii) sales; (xix) stockholder return; (xx) customer/client retention; (xxi) competitive market metrics; (xxii) employee retention; (xxiii) objective measures of personal targets, goals, or completion of projects (including, but not limited to, succession and hiring projects, completion of specific acquisitions, dispositions, reorganizations, or other corporate transactions or capital-raising transactions, expansions of specific business operations, and meeting divisional or project budgets); (xxiv) comparisons of continuing operations to other operations; (xxv) market share; (xxvi) cost of capital, debt leverage, year-end cash position or book value; (xxvii) strategic objectives; (xxviii) gross or net authorizations; (xxix) backlog; or (xxx) any combination of the foregoing. Any one or more of the aforementioned performance criteria may be stated as a percentage of another performance criteria, or used on an absolute or relative basis to measure the performance of one or more members of the Company Group as a whole or any divisions or operational and/or business units, product lines, brands, business segments, or administrative departments of the Company and/or one or more members of the Company Group or any combination thereof, as the Committee may deem appropriate, or any of the above performance criteria may be compared to the performance of a selected group of comparison companies, or a published or special index that the Committee, in its sole discretion, deems appropriate, or as compared to various stock market indices.

  • Licence Conditions means the licence terms and conditions contained in this document, as amended from time to time in accordance with this agreement.

  • Release Conditions mean the following conditions: (i) Company has received the Executive’s executed Release and (ii) any rescission period applicable to the Executive’s executed Release has expired.

  • Performance Condition means a condition related to performance which is specified by the Committee under Rule 4.1 (Terms of grant);

  • Payment Conditions means, at the time of determination with respect to any specified transaction or payment, that:

  • Conditions Precedent shall have the meaning set forth in Clause 4.2.

  • Escrow Release Conditions has the meaning set forth in the Escrow Agreement.

  • Early Termination Conditions means the types of conditions listed in Schedule A.

  • Forbearance Default means: (A) the failure of the Company to provide the Noteholder Group and its financial advisors with reasonable access, as determined by the Noteholder Group in its reasonable discretion, to its Chief Executive Officer, other senior executives and outside advisors, including representatives of Xxxxx Xxxxx Xxxxxx that are working with the Company, and to provide the Noteholder Group and its legal and financial advisors with any and all due diligence information they may reasonably request, including, without limitation, the Company’s current 13-week cash flow schedule, and all updates thereto as soon as reasonably practicable after they are prepared, but in no event no later than two (2) business days thereafter; (B) the failure of the Company to engage in good faith negotiations with the Noteholder Group regarding a potential restructuring transaction, which determination shall be made by the Noteholder Group in its reasonable discretion; (C) the failure of the Company to promptly notify the Noteholder Group of the occurrence of a Forbearance Default (as defined in the DDJ Third Amended Forbearance Agreement) under the DDJ Third Amended Forbearance Agreement or any amendment or modification to the DDJ Third Amended Forbearance Agreement; (D) termination of the DDJ Third Amended Forbearance Agreement; (E) the execution of any amendment or modification to the DDJ Third Amended Forbearance Agreement, which amendment or modification has a material adverse effect on the Noteholder Group as determined by the Noteholder Group in its reasonable discretion; (F) termination by the Company of the Xxxxxx Engagement Letter or the failure of the Company to pay Xxxxxx’x fees, expenses and indemnity in accordance with the terms of the Xxxxxx Engagement Letter; (G) the occurrence of any Event of Default that is not a Specified Existing Default; (H) the failure of the Company to comply with any term, condition, covenant or agreement set forth in this Third Amended Forbearance Agreement; (I) the failure of any representation or warranty made by the Company under this Third Amended Forbearance Agreement to be true and correct in all material respects as of the date when made; (J) the commencement by or against the Company or any of the Subsidiaries of a case under title 11 of the United States Code; or (K) the commencement of any action or proceeding by any creditor of the Company or any of the Subsidiaries seeking to attach or take similar action against the assets of the Company or the Subsidiaries. Any Forbearance Default shall constitute an immediate Event of Default under the Indenture.

  • Financial Covenant Event of Default has the meaning specified in Section 8.01(b).

  • Release Condition means the following:

  • Condition Satisfaction Date shall have the meaning set forth in Section 7.2.

  • Monthly Remittance Conditions means, collectively, (i) TMCC is the Servicer, (ii) either (a) TMCC’s short-term unsecured debt is rated P-1 by Moody’s and A‑1 by S&P, or (b) certain arrangements are made that are acceptable to the Rating Agencies and (iii) no Event of Default or Servicer Default shall have occurred and be continuing (unless waived by the appropriate Noteholders).

  • Forbearance Period means the period beginning on the Forbearance Effective Date and ending on the Forbearance Termination Date.

  • Funding Conditions With respect to any proposed Funding Date, the following conditions:

  • Equity Conditions means, during the period in question, (a) the Corporation shall have duly honored all conversions scheduled to occur or occurring by virtue of one or more Notices of Conversion of the applicable Holder on or prior to the dates so requested or required, if any, (b) the Corporation shall have paid all liquidated damages and other amounts owing to the applicable Holder in respect of the Preferred Stock, (c)(i) there is an effective registration statement pursuant to which either (A) the Corporation may issue Conversion Shares or (B) the Holders are permitted to utilize the prospectus thereunder to resell all of the shares of Common Stock issuable pursuant to the Transaction Documents (and the Corporation believes, in good faith, that such effectiveness will continue uninterrupted for the foreseeable future) or (ii) all of the Conversion Shares may be issued to the Holder pursuant to Section 3(a)(9) of the Securities Act and immediately resold without restriction, (d) the Common Stock is trading on a Trading Market and all of the shares issuable pursuant to the Transaction Documents are listed or quoted for trading on such Trading Market (and the Corporation believes, in good faith, that trading of the Common Stock on a Trading Market will continue uninterrupted for the foreseeable future), (e) there is a sufficient number of authorized, but unissued and otherwise unreserved, shares of Common Stock for the issuance of all of the shares then issuable pursuant to the Transaction Documents, (f) the issuance of the shares in question to the applicable Holder would not violate the limitations set forth in Section 6(d) herein and (g) the applicable Holder is not in possession of any information provided by the Corporation, any of its Subsidiaries, or any of their officers, directors, employees, agents or Affiliates, that constitutes, or may constitute, material non-public information.

  • Forbearance Termination Date means the earlier to occur of (i) the Applicable Termination Date and (ii) the date on which the forbearance effectuated by Section 3(b) of this Agreement shall cease due to the occurrence of any of the events described in Section 4 hereof.

  • Special Conditions means Special Conditions of Contract, which override the General Conditions, also referred to as SCC.