Anticipated Defaults definition

Anticipated Defaults means, collectively, the Events of Default identified as Anticipated Defaults on Exhibit A hereto.
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Anticipated Defaults means any Default or Event of Default that has occurred, or occurs in the future, as a result of Group's failure to pay interest on the Group Notes due and payable on May 31, 2000.
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Anticipated Defaults means (a) the Defaults that will occur due to Borrower's failure to meet the following financial covenants set forth in the Credit Agreement for the period ended March 29, 2003 and June 21, 2003: the Minimum Fixed Charge Coverage Ratio pursuant to Section 7.4A of the Credit Agreement, the Maximum Leverage Ratio pursuant to Section 7.4(B) of the Credit Agreement, the Maximum Lease Adjusted Leverage Ratio pursuant to Section 7.4(C) of the Credit Agreement, the Interest Expense Coverage Ratio pursuant to Section 7.4(D) of the Credit Agreement and the Asset Coverage Ratio pursuant to Section 7.4(F) of the Credit Agreement and (b) the Defaults that will occur due to Borrower's expected failure to meet the following financial covenants set forth in the Credit Agreement for the period ended September 13, 2003 and January 3, 2004: the Minimum Fixed Charge Coverage Ratio pursuant to Section 7.4A of the Credit Agreement, the Maximum Leverage Ratio pursuant to Section 7.4(B) of the Credit Agreement, the Maximum Lease Adjusted Leverage Ratio pursuant to Section 7.4(C) of the Credit Agreement, the Interest Expense Coverage Ratio pursuant to Section 7.4(D) of the Credit Agreement and the Asset Coverage Ratio pursuant to Section 7.4(F) of the Credit Agreement.
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Examples of Anticipated Defaults in a sentence

  • Borrower hereby acknowledges and agrees that the Existing Defaults have occurred and are continuing and the Anticipated Defaults are expected to occur and be continuing, each of which constitute an Event of Default (or, in the case of the Anticipated Defaults will constitute an Event of Default upon the occurrence thereof) and entitle Agent and Lenders to exercise their respective rights and remedies under the Credit Agreement and the other Loan Documents, applicable law, or otherwise.

  • By entering into this Agreement and agreeing to temporarily forbear from the exercise of rights and remedies under the terms of this Agreement, Agents and Lenders do not waive, and are not being requested to waive, the Existing Defaults that are outstanding on the date hereof, the Anticipated Defaults upon their occurrence, or any Event of Defaultthat may occur after the date hereof (whether the same as, or similar to, the Specified Defaults or otherwise).

  • The definitive assignment of this material to the appropriate EWC group and thus its proper EWC code will depend on the use that is made of this material.

  • Borrower acknowledges that, upon the occurrence of the Anticipated Defaults, Agent and Lenders would no longer be obligated to make any further Advances or issue any Letters of Credit as a result of the Anticipated Defaults and would have the exercisable right to declare the Obligations to be immediately due and payable under the terms of the Credit Agreement and the other Loan Documents.

  • This forbearance shall include, solely during the Forbearance Period, the continued making of Advances, notwithstanding the Anticipated Defaults, subject to the terms and conditions of the Credit Agreement, this Agreement (including, without limitation, Section 4 below), and the other Loan Documents.

  • Subject to Section 3.2 above (solely with respect to the Existing Defaults and the Anticipated Defaults), Lender reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Loan Agreement and the Loan Documents as a result of any other Events of Default occurring at any time.

  • In reliance upon the representations, warranties, and covenants of Borrower contained in this Agreement, and subject to the terms and conditions of this Agreement and any documents or instruments executed in connection herewith, Agent and Lenders agree to forbear during the Forbearance Period from exercising their respective rights and remedies under the Credit Agreement and the other Loan Documents or applicable law in respect of the Anticipated Defaults.

  • The Issuer acknowledges that none of the Initial Forbearing Holders has made any assurances concerning (i) any possibility of an extension of the Forbearance Period, (ii) the manner in which or whether the Anticipated Defaults may be resolved or (iii) any additional forbearance, waiver, restructuring or other accommodations.

  • The Issuer acknowledges that none of the Holders party hereto has made any assurances concerning (i) any possibility of an extension of the Forbearance Period; (ii) the manner in which or whether the Anticipated Defaults may be resolved; or (iii) any additional forbearance, waiver, restructuring or other accommodations.

  • Borrower hereby acknowledges and agrees that the Anticipated Defaults are expected to occur and be continuing, each of which will, upon the occurrence thereof, constitute an Event of Default and entitle Agent and Lenders to exercise their respective rights and remedies under the Credit Agreement and the other Loan Documents, applicable law, or otherwise.


More Definitions of Anticipated Defaults

Anticipated Defaults means the Events of Default more particularly identified in Section 2 of Exhibit A hereto.
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Anticipated Defaults has the meaning set forth in the Recitals above.
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Anticipated Defaults means any Events of Default arising or caused solely as a result of (i) the commencement or continuation of the CCAA Proceedings or any acknowledgement of insolvency made in connection therewitli, and (ii) the SISP.
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Anticipated Defaults means, collectively, (i) an Event of Default under Section 6.01(b) of the Indenture for failure to timely pay in full the principal of any Note when due and payable on the Maturity Date, (ii) an Event of Default under Section 6.01(a) of the Indenture for failure to pay any interest on any Note when due and payable, (iii) an Event of Default under Section 6.01(c) of the Indenture for failure to convert any Note; (iv) an Event of Default under Section 6.01(g) for a default under any agreement with outstanding indebtedness for money borrowed in excess of $15,000,000; and (v) any other breach, default, or event of default under the Indenture arising from the failure of the Company to timely pay in full the principal of any Note when due and payable on the Maturity Date.
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Anticipated Defaults means, collectively, the Events of Default identified as such on Exhibit A hereto.
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Related to Anticipated Defaults

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

  • Existing Defaults means (i) all Existing Defaults (as that term is defined in the Forbearance Agreements) and defaults with respect to other matters stated in the Forbearance Agreements, and (ii) the 2005 Tax Default.

  • 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.

  • MI Default has the meaning given to it in paragraph 6.1 of Framework Schedule 9 (Management Information);

  • Funding Default as defined in Section 2.21.

  • Reporting Default means a Default described in Section 6.01(d).

  • O & M Default means any default on the part of the Power Producer for a continuous period of ninety (90) days to (i) operate and/or (ii) maintain (in accordance with Prudent Utility Practices), the Project at all times.

  • Unmatured Default means an event which but for the lapse of time or the giving of notice, or both, would constitute a Default.

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

  • Bank Default means (i) the refusal (which has not been retracted) of a Bank to make available its portion of any Borrowing or to fund its portion of any unreimbursed payment under Section 2.03(c) or (ii) a Bank having notified in writing the Borrower and/or the Agent that it does not intend to comply with its obligations under Section 1.01 or Section 2, in the case of either clause (i) or (ii) as a result of any takeover of such Bank by any regulatory authority or agency.

  • Note Event of Default means any “Event of Default” specified in Section 5.1 of the Indenture.

  • Actionable Default means the occurrence of any of the following:

  • Major Default means any Event of Default occurring under Sections 4.1(a), 4.1(c), 4.1(l), or 4.1(p).

  • Waiver Period ’ means, for each applicable fee, the period of time from the initial effective date of the MIAX Emerald Fee Schedule until such time that the Exchange has an effective fee filing establishing the applicable fee. The Exchange will issue a Regulatory Circular announcing the establishment of an applicable fee that was subject to a Waiver Period at least fifteen (15) days prior

  • Landlord Default shall have the meaning given such term in Article 14.

  • Incipient Default means any occurrence that is, or with notice or lapse of time or both would become, an Event of Default.

  • Potential Default means an event which but for the lapse of time or the giving of notice, or both, would constitute an Event of Default.

  • Loan Default means an event, which with the giving of notice or lapse of time or both, would become a Loan Event of Default.

  • Default Event means an event or circumstance which leads Operator to determine that a Venue User is or appears to be unable or likely to become unable to meet its obligations in respect of an Order or Transaction or to comply with any other obligation under an Agreement or Applicable Law.

  • PTC Event of Default means, with respect to each Trust Agreement, the failure to pay within 10 Business Days after the due date thereof: (i) the outstanding Pool Balance of the applicable Class of Certificates on the Final Legal Distribution Date for such Class or (ii) interest due on such Certificates on any Distribution Date (unless the Subordination Agent shall have made an Interest Drawing or a withdrawal from the Cash Collateral Account relating to a Liquidity Facility for such Class, with respect thereto in an aggregate amount sufficient to pay such interest and shall have distributed such amount to the Trustee entitled thereto).

  • Senior Payment Default means any default in the payment of principal of (or premium, if any) or interest on any Senior Debt of the Company when due, whether at the Stated Maturity of any such payment or by declaration of acceleration, call for redemption or otherwise. In the event that any Senior Nonmonetary Default (as defined below) shall have occurred and be continuing, then, upon the receipt by the Company, the Subsidiary Guarantors and the Trustee of written notice of such Senior Nonmonetary Default from the agent for the Designated Senior Debt which is the subject of such Senior Nonmonetary Default, no Securities Payment shall be made during the period (the “Payment Blockage Period”) commencing on the date of such receipt of such written notice and ending on the earlier of (i) the date on which such Senior Nonmonetary Default shall have been cured or waived or shall have ceased to exist or all Designated Senior Debt the subject of such Senior Nonmonetary Default shall have been discharged; (ii) the 179th day after the date of such receipt of such written notice; or (iii) the date on which the Payment Blockage Period shall have been terminated by written notice to the Company, any Subsidiary Guarantor or the Trustee from the agent for the Designated Senior Debt initiating the Payment Blockage Period; provided, however, that nothing in this Section shall prevent the satisfaction of any sinking fund payment in accordance with Article Sixteen by delivering and crediting pursuant to Section 1602 Securities which have been acquired (upon redemption or otherwise) prior to the date of such receipt of such written notice. No more than one Payment Blockage Period may be commenced with respect to the Securities of a particular series during any 360-day period and there shall be a period of at least 181 consecutive days in each 360-day period when no Payment Blockage Period is in effect. For all purposes of this paragraph, no Senior Nonmonetary Default that existed or was continuing on the date of commencement of any Payment Blockage Period shall be, or be made, the basis for the commencement of a subsequent Payment Blockage Period, whether or not within a period of 360 consecutive days, unless such Senior Nonmonetary Default shall have been cured for a period of not less than 90 consecutive days.

  • Financial Covenant Event of Default has the meaning specified in Section 8.01(b).

  • Triggering Event of Default means (i) any Event of Default with respect to an obligation of the Mortgage Loan Borrower to pay money due under the Mortgage Loan or (ii) any non-monetary Event of Default as a result of which the Mortgage Loan becomes a Specially Serviced Mortgage Loan (which, for clarification, shall not include any imminent Event of Default (i.e., subclause (vii) of the definition of Special Servicing Loan Event)).

  • Preliminary Default Notice shall have the meaning ascribed thereto in Article 13 of this Agreement;

  • Loan Event of Default An “Event of Default” as defined in the Loan Agreement.