Financial Covenant Defaults. Subject to the Limitation in Section 8.7 below, if Borrower fails to perform, comply with or observe with respect to the covenants contained in Section 6.7, and such failure continues for five (5) Business Days after the occurrence thereof;
Financial Covenant Defaults. For the purposes of Sections 9.01 and 4.02, a breach of a covenant contained in Section 8.01 shall be deemed to have occurred as of any date of determination by the Administrative Agent and as of the last day of any specified period of measurement regardless of whether or when the financial statements reflecting such breach are delivered to the Administrative Agent.
Financial Covenant Defaults. In the event of a violation of any of the financial covenants set forth in Sections 4.3, 4.4 and 4.5 herein, unless the Requisite Lenders have waived such violation in writing, during the 15-day period immediately following the day on which Borrower was required to deliver to Agent the financial statements and certificates for the quarter with respect to which a violation occurred: (a) the Lenders shall not be required to make any Loans to Borrower; (b) the Agent may not accelerate the repayment of the Loans unless there exists any other Event of Default that has not been cured or waived in writing by the Requisite Lenders; (c) the Requisite Lenders may at their option exercise their right to impose default interest as provided for in this Agreement; and (d) Borrower may cure any such financial covenant default by arranging for its shareholders or other Persons to make an equity contribution of cash to Borrower in an amount necessary to bring Borrower into compliance with all financial covenants as of the last day of the quarter as of which a violation occurred; provided, however, that the cure right set forth in this clause (d) may only be exercised twice in any one calendar year and may only be exercised four times prior to the Expiry Date. Any such equity contribution shall be applied as a prepayment, to be applied first in prepayment of the Term Loan, pro rata against all remaining scheduled installments, and if the Term Loan shall have been repaid in full, then in prepayment of the Revolving Loan. For purposes of this Section 6.5 only, any such equity contribution of cash made within the 15-day period described above shall be considered to constitute additional EBITDA during the immediately preceding quarter. In the event Borrower does not cure all financial covenant violations as provided in this Section 6.5, there shall exist an Event of Default unless waived by the Requisite Banks in writing.
Financial Covenant Defaults. The Borrower fails to maintain or achieve the financial covenants set forth in Section 6 above; or
Financial Covenant Defaults. After the occurrence and during the continuance of an Event of Default specified in Section 12.1(3), the Administrative Agent:
Financial Covenant Defaults. The Borrower has failed to --------------------------- comply with the covenants contained in Sections 9.1 (Minimum Total Revenue), 9.2 (Fixed Charged Coverage Ratio) and 9.3 (Minimum EBITDA) of the Credit Agreement.
Financial Covenant Defaults. For the purposes of clause 5.5(d)(ii) (Permitted Enforcement Action), if the Relevant Mezzanine Default arose as a result of a breach of the financial covenants contained in clauses 13.1(f) to (j) of the Mezzanine Credit Agreement, it will be deemed remedied if the Parent has re-established compliance with all the provisions of clauses 13.1(f) to (j) as if the date (being the date on which compliance with such financial covenants was tested in accordance with the Mezzanine Credit Agreement) at which the covenant was in fact breached was deemed postponed to fall immediately prior to the point in time the Mezzanine Finance Parties (or any of them) propose to take Enforcement Action. For the avoidance of doubt, nothing in this clause 5.7 will prevent the Mezzanine Finance Parties from implementing the provisions of clause 5.5 (Permitted Enforcement Action) in respect of subsequent breaches of clauses 13.1(f) to (j) occurring after such full compliance has been re-established.
Financial Covenant Defaults. The Continuing Credit Parties acknowledge and agree that the Existing Defaults resulting under Section 10.1(e) of the Financing Agreement relate only to the financial covenant violations that occurred and/or will occur under Sections 7.10(j) and 7.12(b),(c) and (d) of the Financing Agreement.
