Constitutes a Suspension Event Sample Clauses

Constitutes a Suspension Event. (b) In the exercise of such judgement, the Lender also may take into account any of the following factors:
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Constitutes a Suspension Event. (b) In the exercise of such judgement, the Agent and each Lender also may take into account any of the following factors:
Sample 1Sample 2Sample 3See All (8)
Constitutes a Suspension Event. (b) In the exercise of such judgment, each Agent and each Lender also may take into account any of the following factors: (i) Those included in, or tested by, the definitions of "Eligible Inventory," "Retail," and "Cost". (ii) Material changes in or to the mix of the Borrower's Inventory. (iii) Seasonality with respect to Borrower's Inventory and patterns of retail sales. (c) The burden of establishing the failure of any Agent or any Lender to have acted in a reasonable manner in such Person's exercise of discretion shall be the Borrower's.
Sample 1
Constitutes a Suspension Event. (b) In the exercise of such judgement, the Lender also may take into account any of the following factors: (i) Those included in, or tested by, the definitions of "Acceptable Inventory", "Retail", and "Cost".
Sample 1
Constitutes a Suspension Event. (b) In the exercise of such judgement, the Agent and each Revolving Credit Lender also may take into account any of the following factors: (i) Those included in, or tested by, the definitions of "Eligible Inventory," and "Cost". (ii) Material changes in or to the mix of the Borrower's Inventory. (iii) Seasonality with respect to the Borrower's Inventory and patterns of retail sales. (iv) Such other factors as the Agent and each Revolving Credit Lender determines as having a material bearing on credit risks associated with the providing of loans and financial accommodations to the Borrowers.
Sample 1
Constitutes a Suspension Event. (b) In the exercise of such judgment, the Agent and each Lender also may take into account any of the following factors: (i) Those included in, or tested by, the definitions of "Acceptable Inventory and "Cost". (ii) A material change in the current financial and business climate of the industry in which the Borrower competes (having regard for the Borrower's position in that industry). (iii) General macroeconomic conditions which have a material effect on the Borrower's cost structure. (iv) Material changes in or to the mix of the Borrower's Inventory. (v) Seasonality with respect to the Borrower's Inventory and patterns of retail sales. (vi) Such other factors as the Agent and each Lender determines as having a material bearing on credit risks associated with the providing of loans and financial accommodations to the Borrower. (c) The burden of establishing the failure of the Agent or any Lender to have acted in a reasonable manner in such Person's exercise of discretion shall be the Borrower's.
Sample 1
Constitutes a Suspension Event. (b) In the exercise of such judgement, each Agent and each Lender also reasonably may take into account any of the following factors: (i) Those included in, or tested by, the definitions of "Eligible Credit Corporate Receivables", "Eligible Credit Card Receivables", "Eligible Host Store Receivables", Eligible Inventory," "Eligible In-Transit Inventory", "Eligible L/C Inventory" and "Retail". (ii) Material changes in or to the mix of a Borrower's Inventory. (iii)Seasonality with respect to a Borrower's Inventory and patterns of retail sales. (c) The burden of establishing the failure of any Agent or any Lender to have acted in a reasonable manner in such Person's exercise of discretion shall be the Borrowers'.
Sample 1
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Constitutes a Suspension Event and Borrower agrees that any exercise of discretion based upon the foregoing shall be deemed commercially reasonable.
Sample 1

Related to Constitutes a Suspension Event

  • After Event of Default Borrower further agrees to pay, or reimburse Lender, for all reasonable out-of-pocket costs and expenses, including without limitation reasonable attorneys’ fees and disbursements incurred by Lender after the occurrence of an Event of Default (i) in enforcing any Obligation or in foreclosing against the Collateral or exercising or enforcing any other right or remedy available by reason of such Event of Default; (ii) in connection with any refinancing or restructuring of the credit arrangements provided under this Agreement in the nature of a “work-out” or in any insolvency or bankruptcy proceeding; (iii) in commencing, defending or intervening in any litigation or in filing a petition, complaint, answer, motion or other pleadings in any legal proceeding relating to Borrower and related to or arising out of the transactions contemplated hereby; (iv) in taking any other action in or with respect to any suit or proceeding (whether in bankruptcy or otherwise); (v) in protecting, preserving, collecting, leasing, selling, taking possession of, or liquidating any of the Collateral; or (vi) in attempting to enforce or enforcing any Lien in any of the Collateral or any other rights under the Security Instrument.

  • Termination Upon Event of Default If Foothill terminates this Agreement upon the occurrence of an Event of Default, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of Foothill's lost profits as a result thereof, Borrower shall pay to Foothill upon the effective date of such termination, a premium in an amount equal to the Early Termination Premium. The Early Termination Premium shall be presumed to be the amount of damages sustained by Foothill as the result of the early termination and Borrower agrees that it is reasonable under the circumstances currently existing. The Early Termination Premium provided for in this Section 3.7 shall be deemed included in the Obligations.

  • Interest After Event of Default If an Event of Default shall have occurred and is continuing, all sums outstanding and unpaid under the Credit Documents, including this Deed of Trust, shall, at Beneficiary’s option, bear interest at the Default Rate until such Event of Default has been cured. Trustor’s obligation to pay such sums and interest shall be secured by this Deed of Trust.

  • Trigger Event A Trigger Event means, for purposes of this Agreement, the occurrence of any one of the following events:

  • Triggering Event A "Triggering Event" shall have occurred if the Merger Agreement is terminated and Grantee then or thereafter becomes entitled to receive the Termination Fee pursuant to Section 8.5(b) of the Merger Agreement.

  • Dissolution Event An event, the occurrence of which will result in the dissolution of the Company under Article XIV.

  • Notification of Event of Default Borrower shall notify Agent immediately of the occurrence of any Event of Default.

  • Actions following an Event of Default On, or at any time after, the occurrence of an Event of Default:

  • Termination Event; Notice The Purchase Contracts and all obligations and rights of the Company and the Holders thereunder, including, without limitation, the rights of the Holders to receive and the obligation of the Company to pay any Purchase Contract Payments (including any deferred or accrued and unpaid Purchase Contract Payments), if the Company shall have such obligation, and the rights and obligations of Holders to purchase Common Stock, shall immediately and automatically terminate, without the necessity of any notice or action by any Holder, the Purchase Contract Agent or the Company, if, prior to or on the Purchase Contract Settlement Date, a Termination Event shall have occurred.

  • Rights Upon Event of Default If an Event of Default, other than an Event of Default described in Section 5.01(iv) or (v) above, shall have occurred and be continuing the Indenture Trustee or the Required Holders may declare the principal amount of the Notes immediately due and payable at par. At any time after such declaration of acceleration of maturity has been made and before a judgment or decree for payment of the money due has been obtained by the Indenture Trustee as hereinafter in this Article Five provided, the Required Holders may rescind such declaration if (i) the Issuer has made all payments of principal of and interest on all Notes that have become due and payable (other than by reason of acceleration of the Notes) and (ii) the Issuer has paid all amounts due and payable to the Indenture Trustee. If an Event of Default described in Section 5.01(iv) or (v) shall have occurred and be continuing, the principal amount of the Notes shall become immediately due and payable.

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