Accelerated Borrowing Base Delivery Event means either (a) that a Default or Event of Default has occurred and is continuing, or (b) Undrawn Availability at any time is less than or equal to the greater of (i) seventeen and one-half percent (17.5%) of the Revolving Loan Cap, and (ii) the sum of $4,375,000 plus seventeen and one-half percent (17.5%) of any increase to the Maximum Revolving Advance Amount pursuant to Section 2.24. For purposes hereof, the occurrence of an Accelerated Borrowing Base Delivery Event shall be deemed continuing (i) so long as such Default or Event of Default has not been waived, and/or (ii) if the Accelerated Borrowing Base Delivery Event arises pursuant to clause (a) in the immediately preceding sentence, until the passage of sixty (60) consecutive days during which Undrawn Availability has exceeded the requisite amount at all times during such period, in which case an Accelerated Borrowing Base Delivery Event shall no longer be deemed to be continuing for purposes hereof; provided that an Accelerated Borrowing Base Delivery Event shall be deemed continuing (even if no Default or Event of Default is continuing any longer and/or Undrawn Availability exceeds the requisite amount for sixty (60) consecutive days) at all times after an Accelerated Borrowing Base Delivery Event has occurred and been discontinued on two (2) occasions in any Fiscal Year or five (5) occasions after the Closing Date. The termination of an Accelerated Borrowing Base Delivery Event as provided herein shall in no way limit, waive or delay the occurrence of a subsequent Accelerated Borrowing Base Delivery Event in the event that the conditions set forth in this definition again arise.
Penalty Charge Notice means a notice described in Section 78 of the 2004 Act having effect as if issued or served by a Civil Enforcement Officer or posted by the enforcement authority under any regulations for the time being in force under Section 78 of the 2004 Act.
Repurchase Notice has the meaning set forth in Section 8.6(a).
VWAP Purchase Notice means an irrevocable written notice from the Company to the Buyer directing the Buyer to buy Purchase Shares on the VWAP Purchase Date pursuant to Section 1(c) hereof as specified by the Company therein at the applicable VWAP Purchase Price with the applicable VWAP Purchase Share Percentage specified therein.
Original Collateral Sale Date means 8 December 2020.
Fundamental Change Purchase Notice has the meaning specified in Section 3.01(a)(i).
Funding Notice means a notice substantially in the form of Exhibit A-1.
Call Notice shall have the meaning specified in Section 1.1 of the Warrant Agent Agreement.