Existing Defaults Clause Samples
The 'Existing Defaults' clause defines how any prior breaches or defaults under an agreement are treated at the time the clause comes into effect. Typically, this clause clarifies whether defaults that occurred before the current agreement or amendment are waived, cured, or remain outstanding. For example, it may specify that any unresolved payment failures or missed obligations from earlier periods are either forgiven or must still be remedied. The core function of this clause is to provide certainty for both parties regarding the status of past defaults, preventing future disputes about whether old breaches have been addressed or continue to have legal consequences.
Existing Defaults. No Loan Party is in default in the performance, observance or fulfillment of any of the obligations, contained in any Contractual Obligation applicable to it, and no condition exists which, with or without the giving of notice or the lapse of time, would constitute a default under such Contractual Obligation, except, in any such case, where the consequences, direct or indirect, of such default or defaults, if any, could not reasonably be expected to have a Material Adverse Effect on the Loan Parties, taken as a whole.
Existing Defaults. Unless and only to the extent expressly provided herein, this Agreement applies only to the Existing Defaults, the Enforcement Notice Default, and the 2005 Tax Default and does not affect or limit GECC’s rights or remedies in any way with respect to any other or future act or omission (including any breach of the terms of this Agreement by Borrower, and further including, but not limited to, the conditions set forth herein) that may constitute a default by Borrower, or with respect to any default or Event of Default resulting from prior acts or omissions by Borrower other than the Existing Defaults, the Enforcement Notice Default, and the 2005 Tax Default.
Existing Defaults. There is no Event of Default by the Borrower under any of the Material Project Documents. To the best of the Borrower's knowledge, there is no event of default under any Material Project Document by any party to such Material Project Document.
Existing Defaults. Other than the Existing Defaults, there is no Default or Event of Default which has occurred and is continuing under the Loan Agreement or any of the Operative Documents.
Existing Defaults. The Company acknowledges the existence of certain defaults and Events of Default under the Purchase Agreement and the Transaction Documents. The Company agrees that by entering into this Agreement, neither ▇▇▇▇▇▇ is waiving any rights it may have arising under such existing defaults and Events of Default, the Purchase Agreement, or the Transaction Documents.
Existing Defaults. Neither the Borrower nor any of its Subsidiaries is in default in the performance, observance or fulfillment of any of the obligations contained in any Contractual Obligation applicable to it, and no condition exists which, with or without the giving of notice or the lapse of time, would constitute a default under any such Contractual Obligation, except, in any such case, where the consequences, direct or indirect, of such default or defaults, if any, could not reasonably be expected to have a Material Adverse Effect.
Existing Defaults. Neither Borrower nor any Project Company is in default under any material term of any Operative Document or any other agreement or instrument relating to any obligation of Borrower and each Project Company for or with respect to borrowed money, as applicable.
Existing Defaults. Neither Borrower nor any of its Subsidiaries is in default in the performance, observance or fulfillment of any of the obligations, contained in any Contractual Obligation applicable to it, and no condition exists which, with or without the giving of notice or the lapse of time, would constitute a default under such Contractual Obligation, except, in any such case, where the consequences, direct or indirect, of such default or defaults, if any, reasonably could not be expected to have a Material Adverse Effect on Borrower or any of its Subsidiaries. Neither Borrower nor any of its Subsidiaries is in violation of any law, ordinance, rule, or regulation to which it or any of its Assets is subject, the failure to comply with which could reasonably be expected to have a Material Adverse Effect on Borrower or any of its Subsidiaries.
Existing Defaults. Each Borrower acknowledges that the Borrowers have failed to comply with the provisions of the Second Lien Credit Agreement as set forth under the heading “January 28th Events of Defaults” on Exhibit B hereto (collectively, the “January 28 Events of Default”). Each Borrower further acknowledges (and has so advised the Second Lien Administrative Agent) that it anticipates that it may fail during the Forbearance Period (as defined herein) to comply with the provisions of the Second Lien Credit Agreement as set forth under the heading “Anticipated Events of Default” on Exhibit B hereto (collectively, the “Anticipated Events of Default” and together with the January 28 Events of Default, the “Existing Events of Default”).
Existing Defaults. Borrower is not in default under any material term of any Operative Document or any agreement relating to any obligation of Borrower for or with respect to borrowed money, and to the best of Borrower's knowledge, no other party to any Project Document is in default thereunder.