EARLY MATURITY Sample Clauses

EARLY MATURITY. Without prejudice to Clause 3.2 above, the remaining balance of the Term Installments will become immediately and automatically due by Buyer in the following cases: (i) Declaration or distribution of dividends at a sum higher than the mandatory minimum dividend set forth in article 202 of the Brazilian Corporations Law and/or payment of interest on net equity, in any case by or to Buyer when directly related to the Company; (ii) Occurrence of a Liquidity Event; (iii) Unjustified termination of the Colocation Agreement caused by the Company, except if due to default on a monetary obligation by any of the Sellers; (iv) Default by Buyer of any of the obligations set forth in Clause 8.1 below; (v) Default by the Company of any of the obligations set forth in Clause 8.1 below, provided that not caused by Sellers or any act occurring before the Closing; (vi) Default of an obligation set forth in any of the Guarantee Agreements or termination of any of the Guarantee Agreements caused by Buyer and/or the Company; or (vii) Filing for bankruptcy or judicial reorganization by Xxxxx and/or the Company.

EARLY MATURITY. 15.1. The parties might regard this Agreement as automatically terminated and its respective obligations as accelerated, with the immediate suspension of any release, should any of the events regulated by the law occur, especially the non-compliance of any obligation currently entered into by the BENEFICIARY, before any of the FINANCIAL AGENTS, or if any of the following takes place: a. allocation of the loan funds for a different purpose than the one provided for in subsection 1.10, without prejudice of the communication of the event by the FINANCIAL AGENTS to the Federal Department of Justice (Ministério Público Federal), for the purposes of Law no. 7,492, of June 16, 1986; b. the inclusion, in a shareholders’ agreement, the by-laws or articles of association of the BENEFICIARY, or of its controlling companies, of a provision that results, at the discretion of the FINANCIAL AGENTS and the BNDES, which shall be previously consulted, in restrictions or the impairment of the capacity to pay the financial obligations arising out of this operation; c. the reduction of the workforce of the BENEFICIARY without fulfilling the provisions of item “e” of subsection 14.1 above; d. a corporate restructuring process (spin off, consolidation, merger, etc.), change of the main activity or change of the effective, direct or indirect, control of the BENEFICIARY, after the execution of the operation, without the previous and express authorization of the BNDES and the FINANCIAL AGENTS, represented by the LEAD MANAGER; e. a legal process, with a final decision, which compromises the fulfillment of the obligations and/or the guarantees currently assumed and constituted; f. the lack of fulfillment, by the BENEFICIARY, in the due term and form, of the financial obligations entered into with the FINANCIAL AGENTS, as a result of this instrument or of any other agreement entered into between the BENEFICIARY and the FINANCIAL AGENTS, or any other company belonging to its economic group; g. in the event the BENEFICIARY files for chapter eleven or for a reorganization procedure; h. failure to present, within thirty (30) days, as from the execution of this Agreement, to the FINANCIAL AGENTS and the BNDES the Letter of Guarantee mentioned in subsection 18.1 below, issued by TELECOM ITALIA S.p.a., for the entire duration of this Agreement, in accordance with the template supplied by the BNDES, notarized and bearing a consular stamp, as the principal payer of all obligations arising unde...

EARLY MATURITY. The debtor agrees and accepts that the breach of any of the terms and conditions stipulated in this document, verified by the creditor or supervisory authorities, will entitle the creditor to declare the term matured in advance and demand the total cancellation of the credit through the legal means that correspond, in accordance with the provisions of articles four hundred and twenty of the Commercial Code and seventy of the Organic Law of the National Banking System. The Bank is authorized to declare the obligation matured and execute it in those cases where any circumstance attributable to the debtor occurs, such as but not limited to legal claims, embargoes, and rights of any nature, or due to non-payment of taxes, that delay or prevent the registration of the guarantees constituted in payment of this obligation before the Public Registry.

EARLY MATURITY. The Units can mature early if an Early Maturity Event occurs or if an Investor requests an Issuer Buy-Back which is accepted by the Issuer. Early Maturity Events generally arise in circumstances which prevent the Issuer being able to hedge or deliver on its obligations under the Terms of the Units. Early Maturity Events could include (but are not limited to) for example, where the relevant Reference Asset ceases to be calculated or exist, circumstances where a Change of Law occurs that prevents the normal operation of the Units or results in the Issuer having to pay additional amounts in relation to the Units. Please refer to the master PDS Section 2 “Risks” of the Master PDS which sets out the Early Maturity Events and clause 5.1 “Early Maturity by the Issuer” of Section 6 “Terms of the Deferred Purchase Agreement “ below. If an Early Maturity Event occurs the Issuer may reasonably determine whether to call Early Maturity or allow the Units to continue. An Early Maturity Event may occur on the Maturity Date, in which case the Units will mature in accordance with the Early Maturity mechanism in clause 5.4 “Early Maturity Mechanism” of Section 6 “Terms of the Deferred Purchase Agreement” below. An Early Maturity may lead to Investors suffering losses and bearing various costs associated with the Early Maturity. Where the Issuer calls an Early Maturity and the Loan has been fully repaid, Investors will either receive the Termination Payment or a Delivery Parcel with value equal to the Early Maturity Value. In calculating the Termination Payment and the Early Maturity Value, the Issuer may deduct any costs it reasonably incurs acting in a commercially reasonable manner in relation to the Early Maturity, including Break Costs and the costs of unwinding any hedge. The amount the Issuer achieves on the unwinding of its hedge position may be minimal or zero and Investors may receive nothing. However, a minimum Early Maturity Value or Termination Payment per Unit may apply. Please refer to the relevant Term Sheet PDS to see if a minimum Early Maturity Value or Termination Payment applies. In an Early Maturity Event occurs, Investors will not be entitled to a refund on any Prepaid Interest or any Fees paid. Investors should also note that even if the Reference Asset is above the Reference Asset Starting Level, if there is an Early Maturity Event no Final Coupon will be payable. Investors should also note that they will be required to repay the Loan on Early Maturit...

EARLY MATURITY. The Issuer can determine an Early Maturity Date for specific events for example disruptions to the Issuer’s management arrangements such as where the management arrangements are suspended or terminated (whether due to the Hedge Counterparty’s insolvency or any other reason). Other examples of Early Maturity Events include, where tax costs increase, a Change of Law occurs, it becomes illegal for the Issuer to perform its obligations, an Investor Insolvency occurs, or there is an Adjustment Event or Market Disruption Event which the Issuer nominates as an Early Maturity Event under clause 6 “Adjustment Events and Market Disruption Events” of the Terms. The Issuer will determine the Early Maturity Value, acting in good faith and a commercially reasonable manner. Investors could receive returns that are lower than the performance of the Reference Asset. There is no established market for trading the Units. The Issuer can reject an Investor’s Issuer Buy-Back Request or restrict when they withdraw. Generally, the Issuer would only reject or defer an Issuer Buy-Back Request if it is unable to adequately unwind its own hedging arrangements. The Issuer determines the Buy-Back Price, acting in good faith and a commercially reasonable manner. Investors could receive returns that are lower than the performance of the Reference Asset. Investors can contact the Issuer for estimates of the Buy-Back Price in the few weeks prior to each Buy-Back Date.

EARLY MATURITY. The CREDITOR may declare this Instrument as matured in advance, with the enforceability of the debt and immediate suspension of any disbursement, if, in addition to the cases provided for in articles 39 and 40 of the "PROVISIONS APPLICABLE TO BNDES AGREEMENTS", referred to in Clause Fourteen (Special Obligations of the CLIENT), item I, are proven by the CREDITOR:

EARLY MATURITY. 4.12.1 Subject to the provisions of Clauses 4.12.3 and 4.12.4 below, the Trustee shall consider in advance all obligations related to the Debentures and demand, upon written notice, the immediate payment by the Issuer of the Unit Par Value or respective balance of the Unit Par Value, as the case may be, plus the applicable Compensation, calculated on a pro rata temporis basis, as provided in Clause 4.10 above, as of the First Subscription and Payment Date, or of the respective Compensation Payment Date immediately preceding, until the date of its effective payment, regardless of any notice, judicial or extrajudicial notification to the Issuer, in the occurrence of any of the following events: (i) liquidation, dissolution, request for voluntary bankruptcy or bankruptcy not eliminated within the legal term, decree of bankruptcy of the Issuer or any similar feature that may be created by law; (ii) proposal by the Issuer of an extrajudicial reorganization plan to any creditor or class of creditors, regardless of having been requested or obtained judicial approval of said plan, or yet, entry by the Issuer in court of a request for judicial reorganization, regardless of granting of the reorganization processing or its concession by the competent judge; (iii) non-compliance by the Issuer with any pecuniary obligation set forth in this Indenture, not remedied within one (1) Business Day from the date of the respective non-compliance; (iv) protests of titles against the Issuer, except for those made by error or bad faith of third parties, for whose payment the Issuer is responsible, whose value, individually or jointly, is higher than thirty million reais (BRL 30,000,000.00), unless, within fifteen (15) Business Days as from the notice of said protest, it is validly proved by the Issuer that (a) the protest was cancelled, stopped or suspended, or (b) guarantees were given in court in an amount at least equivalent to the protested amount; (v) non-compliance by the Issuer of any non-pecuniary obligations set forth in this Indenture, which is not remedied within five (5) Business Days as of the non- compliance; (vi) non-fulfillment of the obligation of allocating the funds raised by means of the Debentures as established in Clause 3.6 of this Indenture; (vii) default of any financial debt of the Issuer or any of its controlled companies, in unit or aggregate value, equal or higher than thirty million reais (BRL 30,000,000.00), or equivalent value in other currencies, ...

EARLY MATURITY. Notwithstanding the term agreed, the Lender may cause the entire loan balance to become due immediately for all legal purposes, and, therefore, may ask for a total repayment of the outstanding principal plus its interests and expenses in the following cases : fil. - When the Borrower fails to comply with its obligation of paying the interests and/or repayments of the principal, in time and manner as agreed herein . !!} . - Whenever it can be proved forgery in the Borrowers' data or documentation provided on which this Loan is granted or its force. g. - When the Borrower uses, wholly or partly, the amount of the loan for purposes other than those for which the loan is granted. The Borrower must justify the use of such for the purposes and aims for . . .. . .. . ,., . . ... . , . which . it.was requested any time as stated in section two . : \ .. . :' \ \ - , ·;: ; •i ,_ · . f!l. - )Nhen the Borrower does not continue with the business or operation for which the Loan was . , _:, [End of page 6 / 15 of this sworn translation 19C02]

EARLY MATURITY. In case of any of the following events, all debts of Party B hereunder shall be deemed as mature, and Party A shall immediately have the right of recourse against Party B upon discovery of such case, and shall be entitled to cease the grant of any outstanding discount amount hereunder. 1. Party B has breached any of its obligations hereunder, or Party B has expressly stated that it will not perform any obligation hereunder or has indicated so through its acts;