Stipulated Defaults definition

Stipulated Defaults means the Events of Default referenced in Section 2(c) of this Agreement.
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Stipulated Defaults means (a) the Events of Default occurring under Sections 8.1(d) and 8.1(o)(iii) of the Credit Agreement as a result of Borrowers’ commencement of the Liquidation Transactions in violation of Section 7.6 of the Credit Agreement, (b) the Event of Default occurring under Section 8.1(d) of the Credit Agreement as a result of Borrowers’ failure to deliver a Borrowing Base Certificate for the Fiscal Month ending February 2, 2019 on or before February 22, 2019 in accordance with Section 7 of the Addendum, as in effect prior to the effectiveness of this Agreement, (c) the Event of Default occurring under Section 8.1(c) of the Credit Agreement as a result of Borrowers’ error in the Borrowing Base Certificate for the Fiscal Month ending February 2, 2019, and (d) the Event of Default occurring under Section 8.1(d) of the Credit Agreement as a result of Borrowers’ failure to deliver an unqualified annual audit report (without a “going concern” or like qualification, exception or explanation and without any qualification or exception as to the scope of such audit) for Parent and its Subsidiaries for the Fiscal Year ending February 2, 2019 within 120 days after the end of such Fiscal Year in violation of Section 5.1(a) of the Credit Agreement.
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Stipulated Defaults means the Events of Default that will exist under Sections 10.1(f), (h) and (l) of the Loan Agreement solely as a result of commencement of the ABC by Just-Rite.
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Examples of Stipulated Defaults in a sentence

  • Neither Administrative Agent’s, any Co-Collateral Agent’s or any Lender’s forbearance hereunder nor any Lender’s election in its discretion to continue making of loans or other extensions of credit at any time to Borrowers under the Credit Agreement shall be deemed a waiver of or consent to the Stipulated Defaults or any other Event of Default.

  • Neither this Agreement, nor Lender's agreements hereunder nor Lender's continued providing of extensions of credit at any time extended to Borrower to Borrower in accordance with this Agreement and the Loan Documents shall be deemed a waiver of or consent to the Stipulated Defaults or any of other Event of Default.

  • The parties anticipate that discussions addressing the Stipulated Defaults, the Loan Agreement and the Other Documents may take place in the future.

  • Neither this Agreement, any --------------------- Creditor's forbearance hereunder nor any Creditor's continued making of loans or other extensions of credit at any time to Borrower in accordance with this Agreement and the Credit Documents shall be deemed a waiver of or consent to the Stipulated Defaults or any of other default or event of default.

  • Administrative Agent, each Co-Collateral Agent and each Lender is willing to (a) forbear, in accordance with the terms of this Agreement, from exercising certain remedies available to them as a result of the Stipulated Defaults; (b) continue making loans and other extensions of credit in accordance with the Credit Agreement and this Agreement; and (c) permit the Memphis Sale, in each case, subject to the terms and conditions of this Agreement and the other Loan Documents.

  • Each of the Company and each other Company Party hereby waives (a) any further notice of default, notice of intent to accelerate, or demand for payment, and (b) any further opportunity to cure the Stipulated Defaults and any Default or Event of Default resulting from the Company’s failure to perform, comply with and satisfy the terms of this Agreement.

  • Bank hereby waives the Stipulated Defaults and Borrower agrees to strictly comply with the Loan Agreement hereafter.

  • Neither this Agreement, nor Lender's agreements hereunder, nor Lender's acceptance of the Partial Payment and filing of the Partial Release, shall be deemed a waiver of or consent to the Stipulated Defaults or any of other Event of Default.

  • Notwithstanding the occurrence or existence of the Stipulated Defaults, but subject to the satisfaction of each of the Forbearance Conditions, Lenders agree to continue during the Forbearance Period to honor requests by Borrowers for Revolving Loans and Letter of Credit Accommodations pursuant to the Loan Agreement, not to exceed on any date the maximum amount permitted under the Loan Agreement to be outstanding on such date.

  • In no event shall Agents' and Lenders' honoring of any such requests be deemed a waiver of the Stipulated Defaults.


More Definitions of Stipulated Defaults

Stipulated Defaults means the Events of Default anticipated to occur and referenced in Section 9(b) of this Amendment.
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Stipulated Defaults means the Events of Default referenced in Paragraph 2(d) of this Agreement.
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Stipulated Defaults means (i) the Events of Default referenced in Section 2(c) of this Agreement in existence on the date hereof, and (ii) the Anticipated Financial Covenant Defaults.
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Stipulated Defaults means, collectively: (i) the Event of Default that occurred on July 18, 2016 and presently exists and is continuing as a result of Borrowers’ failure to make the payment of interest due on June 15, 2016, in respect of the Senior Unsecured Notes, which constitutes an Event of Default under Section 10.8 of the Loan Agreement, (ii) an Event of Default that will occur on January 15, 2017 as a result of Borrowers’ failure to make the payment of interest due on December 15, 2016 in respect of the Senior Unsecured Notes, which, unless cured by Borrowers prior to such date, will constitute an Event of Default under Section 10.8 of the Loan Agreement, (iii) one or more Events of Default that have occurred prior to the date hereof as a result of Borrowers’ failure to hold quarterly conference calls as required under Section 4.23(d) of the Senior Unsecured Notes Indenture for periods prior to the date hereof, each of which constitutes an Event of Default under Section 10.8 of the Loan Agreement, and (iv) one or more Events of Default that have occurred prior to the date hereof as a result of Borrowers’ failure to provide timely notice of default as required under Section 4.06(b) of the Senior Unsecured Notes Indenture with respect to the defaults described by this definition, each of which constitutes an Event of Default under Section 10.8 of the Loan Agreement.
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Related to Stipulated 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.

  • 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.

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

  • Funding Default as defined in Section 2.21.

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

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

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

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

  • 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.

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

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

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

  • 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.

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

  • 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).

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

  • Forbearance Agreement means the forbearance agreement entered into by Granite Co. prior to the implementation of the 2011 Arrangement.

  • Lender Default means (a) the refusal or failure (which has not been cured) of a Lender to make available its portion of any Borrowing or to fund its portion of any Unpaid Drawing under Section 3.4 that it is required to make hereunder, (b) a Lender having notified the Administrative Agent and/or the Borrower that it does not intend to comply with its funding obligations under this Agreement or has made a public statement to that effect with respect to its funding obligations under this Agreement, (c) a Lender has failed to confirm (within one Business Day after a request for such confirmation is received by such Lender) in a manner reasonably satisfactory to the Administrative Agent, the Borrower and, in the case of a Revolving Credit Lender, each Revolving Letter of Credit Issuer that it will comply with its funding obligations under this Agreement, (d) a Lender being deemed insolvent or becoming the subject of a bankruptcy or insolvency proceeding or has admitted in writing that it is insolvent; provided that a Lender Default shall not be deemed to have occurred solely by virtue of the ownership or acquisition of any Stock in the applicable Lender or any direct or indirect parent company thereof by a Governmental Authority so long as such ownership interest does not result in or provide the applicable Lender with immunity from the jurisdiction of courts within the United States or from the enforcement of judgments or writs of attachment on its assets or permit the applicable Lender (or such Governmental Authority) to reject, repudiate, disavow or disaffirm any contracts or agreements made with the applicable Lender, or (e) a Lender that has, or has a direct or indirect parent company that has, become the subject of a Bail-In Action.

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

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

  • 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

  • Bond Event of Default means the occurrence of any of the following (or such event or condition which with notice or lapse of time or both would constitute any of the following):

  • Declaration Event of Default means an “Event of Default” as defined in the Declaration.