Stipulated Defaults definition

Stipulated Defaults means the Events of Default referenced in Section 2(c) of this Agreement.
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Stipulated Defaults means the Events of Default that will exist under Sections 10.1(f), (h) and (l) of the Loan Agreement solely as a result of commencement of the ABC by Just-Rite.
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Stipulated Defaults means the Events of Default anticipated to occur and referenced in Section 9(b) of this Amendment.
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Examples of Stipulated Defaults in a sentence

  • Neither this Agreement, nor Lender's agreements hereunder, nor Lender's acceptance of the Partial Payment and filing of the Partial Release, shall be deemed a waiver of or consent to the Stipulated Defaults or any of other Event of Default.

  • Neither this Agreement nor Lender's forbearance hereunder, nor Lender's continued making of Revolving Loans, Assignee Advances or other extensions of credit at any time extended to any Borrower in accordance with this Agreement and the Financing Agreements shall be deemed a waiver of or consent to the Stipulated Defaults or any other Event of Default.

  • Neither this Amendment, Agent’s and Lenders’ forbearance hereunder nor Agent’s and Lenders’ continued making of loans or other extensions of credit at any time extended to any Borrower in accordance with this Amendment and the Loan Documents shall be deemed a waiver of or consent the Stipulated Defaults or any other Event of Default.

  • Neither this Agreement, nor Lender's agreements hereunder nor Lender's continued providing of extensions of credit at any time extended to Borrower to Borrower in accordance with this Agreement and the Loan Documents shall be deemed a waiver of or consent to the Stipulated Defaults or any of other Event of Default.

  • Neither Administrative Agent’s, any Co-Collateral Agent’s or any Lender’s forbearance hereunder nor any Lender’s election in its discretion to continue making of loans or other extensions of credit at any time to Borrowers under the Credit Agreement shall be deemed a waiver of or consent to the Stipulated Defaults or any other Event of Default.

  • Bank hereby waives the Stipulated Defaults and Borrower agrees to strictly comply with the Loan Agreement hereafter.

  • The Stipulated Defaults are not intended to be an exhaustive list of all Events of Default which have occurred and remain continuing under the Note Documents and Collateral Agent and the Holders expressly reserve the right to declare additional Events of Default, at their own discretion, at any such time as such other Events of Default shall occur and be continuing.

  • Notwithstanding the occurrence or existence of the Stipulated Defaults, but subject to the satisfaction of each of the Forbearance Conditions, Lenders agree to continue during the Forbearance Period to honor requests by Borrowers for Revolving Loans and Letter of Credit Accommodations pursuant to the Loan Agreement, not to exceed on any date the maximum amount permitted under the Loan Agreement to be outstanding on such date.

  • The parties anticipate that discussions addressing the Stipulated Defaults, the Loan Agreement and the Other Documents may take place in the future.

  • Each of the Company and each other Company Party hereby waives (a) any further notice of default, notice of intent to accelerate, or demand for payment, and (b) any further opportunity to cure the Stipulated Defaults and any Default or Event of Default resulting from the Company’s failure to perform, comply with and satisfy the terms of this Agreement.


More Definitions of Stipulated Defaults

Stipulated Defaults means, collectively: (i) the Event of Default that occurred on July 18, 2016 and presently exists and is continuing as a result of Borrowers’ failure to make the payment of interest due on June 15, 2016, in respect of the Senior Unsecured Notes, which constitutes an Event of Default under Section 10.8 of the Loan Agreement, (ii) an Event of Default that will occur on January 15, 2017 as a result of Borrowers’ failure to make the payment of interest due on December 15, 2016 in respect of the Senior Unsecured Notes, which, unless cured by Borrowers prior to such date, will constitute an Event of Default under Section 10.8 of the Loan Agreement, (iii) one or more Events of Default that have occurred prior to the date hereof as a result of Borrowers’ failure to hold quarterly conference calls as required under Section 4.23(d) of the Senior Unsecured Notes Indenture for periods prior to the date hereof, each of which constitutes an Event of Default under Section 10.8 of the Loan Agreement, and (iv) one or more Events of Default that have occurred prior to the date hereof as a result of Borrowers’ failure to provide timely notice of default as required under Section 4.06(b) of the Senior Unsecured Notes Indenture with respect to the defaults described by this definition, each of which constitutes an Event of Default under Section 10.8 of the Loan Agreement.
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Stipulated Defaults means the Events of Default referenced in Paragraph 2(d) of this Agreement.
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Stipulated Defaults means (a) the Events of Default occurring under Sections 8.1(d) and 8.1(o)(iii) of the Credit Agreement as a result of Borrowers’ commencement of the Liquidation Transactions in violation of Section 7.6 of the Credit Agreement, (b) the Event of Default occurring under Section 8.1(d) of the Credit Agreement as a result of Borrowers’ failure to deliver a Borrowing Base Certificate for the Fiscal Month ending February 2, 2019 on or before February 22, 2019 in accordance with Section 7 of the Addendum, as in effect prior to the effectiveness of this Agreement, (c) the Event of Default occurring under Section 8.1(c) of the Credit Agreement as a result of Borrowers’ error in the Borrowing Base Certificate for the Fiscal Month ending February 2, 2019, and (d) the Event of Default occurring under Section 8.1(d) of the Credit Agreement as a result of Borrowers’ failure to deliver an unqualified annual audit report (without a “going concern” or like qualification, exception or explanation and without any qualification or exception as to the scope of such audit) for Parent and its Subsidiaries for the Fiscal Year ending February 2, 2019 within 120 days after the end of such Fiscal Year in violation of Section 5.1(a) of the Credit Agreement.
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Stipulated Defaults means (i) the Events of Default referenced in Section 2(c) of this Agreement in existence on the date hereof, and (ii) the Anticipated Financial Covenant Defaults.
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Related to Stipulated Defaults

  • Specified Defaults means, collectively, the Existing Defaults and the Anticipated Defaults.

  • Existing Defaults means, collectively, the Events of Default identified on Exhibit A hereto.

  • Specified Default means a Default under Section 8.01(a), (f) or (g).

  • Financing Default means an event which would constitute (or with notice or lapse of time or both would constitute) an event of default (which event of default has not been cured) under or would otherwise violate or breach (i) any financing arrangement of the Company or any of its Subsidiaries in effect as of the time of the aforementioned event, and any extensions, renewals, refinancings or refundings thereof in whole or in part; and (ii) any provision of the Company's or any of its Subsidiary's constitutional documents.

  • 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 ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ Engagement Letter or the failure of the Company to pay ▇▇▇▇▇▇’▇ fees, expenses and indemnity in accordance with the terms of the ▇▇▇▇▇▇ 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.