Matured Default definition

Matured Default means any of the events or circumstances specified in Section 8, provided that there has been satisfied any requirement in connection with such event for the giving of notice, or the lapse of time, or the happening of any further condition, event or act.

Matured Default means any Default provided that any requirement for the giving of notice, the lapse of time, or both (including the expiration of the Cure Period, if applicable), or any other condition has been satisfied.

Matured Default means the occurrence or existence of any one or more of the following events:

Examples of Matured Default in a sentence

• All covenants under this Agreement and the other Financing Agreements shall be given independent effect so that if a particular action or condition is not permitted by any of such covenants, the fact that it would be permitted by an exception to, or be otherwise within the limitations of, another covenant shall not avoid the occurrence of a Default or a Matured Default if such action is taken or condition exists.

• Any suspension or waiver by the Agent or the Required Lenders of any Default or Matured Default under this Agreement or any of the other Financing Agreements, shall not suspend, waive or affect any other Default or Matured Default under this Agreement or any of the other Financing Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different kind or character.

• The execution of this Amendment and any documents related hereto shall not be deemed to be a waiver of any Default or any Matured Default under the Loan Agreement or breach, default or event of default under any other Financing Agreement or other document held by the Agent or any Lender, whether or not known to the Agent or any Lender and whether or not existing on the date of this Amendment.

• Borrower shall not allow Borrower’s ratio Current Ratio to be less than 1.0 to 1.0 as of the end of any fiscal quarter beginning with the fiscal quarter ending June 30, 2002.

• The Agent shall (subject to Sections 9.1 and 9.2) take such action with respect to such Default or Matured Default as may be directed by the Required Lenders; provided that, unless and until the Agent shall have received the directions referred to in Sections 9.1 and 9.2, the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Matured Default as it shall deem advisable and in the best interest of the Lenders.

More Definitions of Matured Default

Matured Default means any event or condition which allows the holder or holders of any Material Indebtedness to accelerate the maturity of such Material Indebtedness.

Matured Default as set forth in Section 1 of the Credit Agreement (the "Cross Default"). The Financial Covenants Violation is also a Matured Default in accordance with Subsection (p) of the definition of "Matured Default" as set forth in Section 1 of the Credit Agreement. The Lenders hereby consent to the Financial Covenants Violation and, subject to the proviso below, the Cross Default, and waive their rights powers and remedies with respect to the Financial Covenants Violation and, subject to the proviso below, the Cross Default: provided however that it is acknowledged and agreed that the aforementioned waiver hereunder of the Cross Default shall immediately cease to be effective upon the acceleration, if any. by the holders of the Notes as a result of the Note Default, whereupon the Agent and the Lenders shall thereafter be entitled to exercise all rights and remedies relating to the Cross Default as are provided for or permitted under the Credit Agreement and applicable law. Notwithstanding the foregoing waiver and consent, it is expressly understood and agreed that the Lenders shall have the right at all times hereafter to require strict performance by Borrower of all terms of the Credit Agreement or any other Financing Agreement, including without limitation, the terms of the aforementioned Section of the Credit Agreement, that the Lenders do not waive, affect or diminish any right, power or remedy of the Lenders under the Credit Agreement or any other Financing Agreement except as expressly set forth herein and that except as expressly set forth herein, the Credit Agreement and each other Financing Agreement shall continue in full force and effect in accordance with their respective terms.

Matured Default has the meaning assigned to it in the LPA.

Matured Default means the occurrence or existence of any one or more --------------- of the following events: (a) Borrower fails to pay any principal or interest pursuant to any of the other Financing Agreements at the time such principal or interest becomes due or is declared due; (b) Borrower fails to pay any of the Liabilities (other than principal and interest) on or before ten (10) days after such Liabilities become due or are declared due; (c) Borrower fails or neglects to perform, keep or observe any of the covenants, conditions, promises or agreements contained in Sections 8.1, 8.2 or 8.4; (d) Borrower fails or ------------ --- --- neglects to perform, keep or observe any of the covenants, conditions, promises or agreements contained in this Agreement or in any of the other Financing Agreements (other than those covenants, conditions, promises and agreements referred to or covered in (a), (b) and (c) above), and such failure or neglect --- --- --- continues for more than thirty (30) days after such failure or neglect first occurs, provided, however, that such grace period shall not apply, and a -------- ------- Matured Default shall be deemed to have occurred and to exist immediately if such failure or neglect may not, in FBS Ag Credit's reasonable determination, be cured by Borrower during such thirty (30) day grace period; (e) the amount outstanding under the Line of Credit is in excess of the Borrowing Base; (f) any warranty or representation at any time made by or on behalf of Borrower in connection with this

Matured Default means any Event of Default (i) specified in Section 8.01 of the Liquidity Agreement with respect to which the Liquidity Commitment shall automatically terminate and the Loans shall automatically become due and payable, or the Liquidity Agent shall terminate the Liquidity Commitment and declare the Loans to be immediately due and payable or (ii) specified in Section 2.10 of the LOC Reimbursement Agreement following certain actions specified therein. "Maximum Program Amount" shall initially be $150,000,000 Aggregate CP Matured Value. Subject to the satisfaction of certain conditions provided for therein, the Maximum Program Amount may be changed by amending the Variable Funding Supplement, the Liquidity Agreement, the LOC Reimbursement Agreement and the LOCs.

Matured Default means an Event of Default that Lender has formally declared to exist in a written communication pursuant to paragraph 5.17 that either (A) is described in Section 4.1(a), (c), (d), (e), (f) or (g), (B) is not reasonably capable of being cured, or (C) is reasonably capable of being cured, but has not been cured within the applicable cure period; and (ii) “Event of Default” includes any event described in paragraph 4.1 above, regardless of whether Lender has formally declared the event to exist in a written communication, as well as any Matured Default. Without limiting the scope of Events of Default that will not be deemed capable of cure within the meaning of this paragraph, Borrower acknowledges that the filing of a voluntary petition for relief under any chapter of the federal Bankruptcy Code by any person described in paragraph 4.1(g) shall constitute Events of Default that are not capable of cure. Lender shall not be required under any circumstance to give Borrower more than one notice or cure period with respect to a given Event of Default or to extend the cure period with respect to a given Event of Default beyond the applicable cure period described above. Notwithstanding any provision of any Loan Document to the contrary, no notice or cure period need be given prior to accelerating the Loan by reason of the failure to pay all amounts due upon the maturity of the Loan. Borrower acknowledges and agrees that all cure periods provided in the Loan Documents will run concurrently with all applicable statutory cure periods if Lender so elects.

Matured Default as defined in the Loan Agreement; or (ii) any Pledgor shall breach in any material respect any warranty contained herein or otherwise default in any material respect in the observance or performance of any of the covenants, terms, conditions or agreements on the part of such Pledgor contained herein and the failure to cure the same within thirty (30) days following written notice thereof.