Any dispute regarding the net present value of the Company prior to or following either of the MPE Completion Date or MPE Default Date, as the case may be, or the determination of the Discount Rate Criteria will be resolved by the Valuation Expert, acting as an expert and not as an arbitrator, appointed pursuant to Section 19.2.
Default Date has the meaning set forth in Section 3.3(a).
Default Event means an event or circumstance which leads Operator to determine that a Venue User is or appears to be unable or likely to become unable to meet its obligations in respect of an Order or Transaction or to comply with any other obligation under an Agreement or Applicable Law.
Lease Default means any event or condition which, with the lapse of time or the giving of notice, or both, would constitute a Lease Event of Default.
Indenture Default means any occurrence that is, or with notice or the lapse of time or both would become, an Indenture Event of Default.
Note Default Interest Spread means, with respect to the outstanding principal balance of any Note, a rate per annum equal to the lesser of (i) the Maximum Legal Rate minus the Note A Rate or (ii) five percent (5%).