Early Termination Event. As applied to any holder of Debt or claim against the Company that has agreed not to take an Enforcement Action for a period of time, the occurrence of any of the following: (a) acceleration of any other Debt or claim against the Company in excess of (either individually or in the aggregate) $150,000; (b) the holder of any other Debt or claim against the Company in excess of (either individually or in the aggregate) $150,000 initiates any judicial proceeding or action to collect any portion of such other Debt or claim, or exercises any right of set-off or counterclaim against the Company or commences any foreclosure action against any of the assets of the Company; and (c) any voluntary or involuntary insolvency, bankruptcy, receivership, custodianship, liquidation, dissolution, reorganization, assignment for the benefit of creditors, appointment of a custodian, receiver, trustee or other officer with similar powers or any other proceeding for the liquidation, dissolution or other winding up of the Company. EBIDTA: Earnings of the Company before interest, depreciation, taxes and amortization.
Appears in 2 contracts
Sources: Operating Agreement (Nevada Gold & Casinos Inc), Operating Agreement (Trackpower Inc)