DEFAULTS AND REMEDIES definition

DEFAULTS AND REMEDIES. Comparable to Sections 501 and 502 (other than paragraph (g)) of the Indenture, except that the baskets shall be $7,500,000. COVENANTS: Covenants will be comparable to those customary for publicly traded convertible debt, and specifically including: All distributions by the Company must be pro rata. Covenants comparable to Sections 7.01 and 7.02 of the Company's Agreement of Limited Partnership (the "Partnership Agreement"). Access and information (other than monthly financials or reports) comparable to that provided to a five percent partner under Sections 7.03 and 7.04 of the Partnership Agreement. Covenants prohibiting transactions of the type described in Section 8.01(b)(ix) (also to be applicable to affiliate transactions with subsidiary partnerships) of the Partnership Agreement. Covenants comparable to Sections 801(a)(i) and (ii) (subject to subparagraphs (d) and (e)), except in the case of a Roll-Up the Company will remain the obligor under the Subordinated Notes), 1001 and 1004 of the Indenture.
Sample 1

Examples of DEFAULTS AND REMEDIES in a sentence

  • Preservation and Disclosure of Lists 31 DEFAULTS AND REMEDIES Section 6.01.

  • Preservation and Disclosure of Lists 32 DEFAULTS AND REMEDIES Section 6.01.

  • Application of Trust Money 20 ARTICLE V DEFAULTS AND REMEDIES Section 5.01.

  • Successor Person Substituted 17 ARTICLE 6 DEFAULTS AND REMEDIES 17 Section 6.01.

  • Indemnification by Borrower 37 ARTICLE VII EVENTS OF DEFAULTS AND REMEDIES Section 7.01.

  • Indemnification by Xxxxxxxx 37 ARTICLE VII EVENTS OF DEFAULTS AND REMEDIES Section 7.01.

  • DEFAULTS AND REMEDIES 33 Section 7.1. Events of Default 33 Section 7.2. Reserved 33 Section 7.3. Remedies; Rights of Bondholders 33 Section 7.4. Right of Bondholders to Direct Proceedings 34 Section 7.5. Application of Moneys 34 Section 7.6. Remedies Vested In Trustee 35 Section 7.7. Rights and Remedies of Bondholders 35 Section 7.8. Termination of Proceedings 36 Section 7.9. Waivers of Events of Default 36 ARTICLE VIII.

  • Application of Trust Money 36 ARTICLE V DEFAULTS AND REMEDIES Section 5.01.

  • Successor Person Substituted 68 ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01.

  • DEFAULTS AND REMEDIES 28 Section 7.1. Events of Default 28 Section 7.2. Reserved 28 Section 7.3. Remedies; Rights of Bondholders 28 Section 7.4. Right of Bondholders to Direct Proceedings 29 Section 7.5. Application of Moneys 29 Section 7.6. Remedies Vested In Trustee 30 Section 7.7. Rights and Remedies of Bondholders 30 Section 7.8. Termination of Proceedings 31 Section 7.9. Waivers of Events of Default 31 ARTICLE VIII.

Related to DEFAULTS AND REMEDIES

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Events of Default has the meaning specified in Section 6.01.

  • Required Percentage-Remedies shall be 66-2/3% of the aggregate Voting Rights.

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

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

  • Financial Covenant Default has the meaning assigned to such term in Section 8.01(6).

  • 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.

  • Existing Defaults means, collectively, the Events of Default identified on Exhibit A hereto.

  • 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).

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

  • Breach of trust means a breach of any duty imposed on a trustee by this Act or by the terms of the trust;

  • Specified Event of Default means an Event of Default under Section 7.01(a), (b), (h) or (i).

  • Termination Events means each of the events specified in Clause 10.3 of this Contract.

  • Event of Default has the meaning specified in Section 8.01.

  • Lease Event of Default shall have the meaning specified in Section 17.1 of the Lease.

  • Default Rights has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable.

  • Minor Default means any Event of Default that is not a Major Default.

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

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

  • Acceleration Event of Default means an Event of Default under Section 5.1(a), (d), (e) or (f), whatever the reason for such Acceleration Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body.

  • Customer Default shall have the meaning set forth in Section 11.1.

  • Indenture Event of Default means an "Event of Default" as defined in the Indenture.