Trigger Event means, on any distribution date while any of the class A notes are outstanding, that the outstanding principal balance of the notes, less any amounts (exclusive of investment earnings) on deposit in any accumulation account, after giving effect to distributions to be made on that distribution date, would exceed the Adjusted Pool Balance as of the end of the related collection period.
Trigger Event means either (i) an Event of Default has occurred and is continuing or (ii) Excess Availability is less than (A) the Threshold Amount for a period of time greater than five (5) consecutive Business Days or (B) $100.0 million at any time; provided that such Trigger Event shall continue until (i) no Event of Default exists and (ii) Excess Availability shall have exceeded the Threshold Amount and $100.0 million for a period of at least thirty (30) consecutive days.
Costs and expenses incurred in connection with the transfer of the servicing responsibilities, including fees for delivering Servicing Files, shall be paid by (i) the terminated or resigning servicer if such termination or resignation is a result of an occurrence of a termination event under Section 8.01 or a Trigger Event under Section 8.03, (ii) the related Seller if such termination is pursuant to Section 8.02(iii) and (iii) in all other cases by the Trust Fund.
From and after the Trigger Event, no Right Certificate shall be issued pursuant to Section 3 or Section 6 that represents Rights that are or have become void pursuant to the provisions of this paragraph, and any Right Certificate delivered to the Rights Agent that represents Rights that are or have become void pursuant to the provisions of this paragraph shall be canceled.
Loan Reference Rate: LIBOR for three-month sterling deposits or, following the earlier to occur of the Step-Up Date in relation to this Loan Tranche or a Pass-Through Trigger Event, LIBOR for one-month sterling deposits.
The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares (and, following the occurrence of a Trigger Event, Common Shares and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable shares.
From and after the Trigger Event, no Right Certificate shall be issued pursuant to Section 3 or Section 6 that represents Rights that are or have become null and void pursuant to the provisions of this paragraph, and any Right Certificate delivered to the Rights Agent that represents Rights that are or have become null and void pursuant to the provisions of this paragraph shall be canceled.
Trigger Event means any of the following: (a) a material default by Company under the Trademark License Terms, the Sponsored Research Agreement or any of the Equity Documents that is not cured during any specified cure periods; (b) if Company or its Affiliate or Sublicensee (i) becomes insolvent, bankrupt or generally fails to pay its debts as such debts become due, (ii) is adjudicated insolvent or bankrupt, (iii) admits in writing its inability to pay its debts, (iv) suffers the appointment of a custodian, receiver or trustee for it or its property and, if appointed without its consent, not discharged within thirty (30) days, (v) makes an assignment for the benefit of creditors, or (vi) suffers proceedings being instituted against it under any law related to bankruptcy, insolvency, liquidation or the reorganization, readjustment or release of debtors and, if contested by it, not dismissed or stayed within ten (10) days; (c) the institution or commencement by Company or its Affiliate or Sublicensee of any proceeding under any law related to bankruptcy, insolvency, liquidation or the reorganization, readjustment or release of debtors; (d) the entering of any order for relief relating to any of the proceedings described in (b) or (c) above; (e) the calling by Company or its Affiliate or Sublicensee of a meeting of its creditors with a view to arranging a composition or adjustment of its debts; or (f) the act or failure to act by Company or its Affiliate or Sublicensee indicating its consent to, approval of or acquiescence in any of the proceedings described in (b) - (e) above. EXHIBIT A EXHIBIT A-1 EXHIBIT A-4 Format of Royalty Report Office of Technology Commercialization Drexel University Royalty Report Licensee: _______________________________ Agreement Date: ______________ Inventor: _______________________________ IP Identifier #: ________________ Period Covered: From: ____/____/____ Through: ___/___/___ Prepared by: _____________________________ Date: ________________________ Approved by: ____________________________ Date: ________________________ If License covers several major product lines, please prepare a separate report for each line. Then combine all product lines into a summary report. Report Type: __ Single Product Line Report __ Multi-product Summary Report: Page 1 of __ Pages __ Product Line Detail: Line: ________ Trade Name: ________ Page: __ Report Currency: __ U.S. Dollars __ Other ___________________________ Country Units of Licensed Products as Sales Gross Sales *Less: Qualifying Costs Net Sales Sublicense Income Sublicense Fees Royalty Rate(s) Period Royalty Amount This Year Last Year U.S.A.