Immediate Repayment Sample Clauses
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Immediate Repayment. In the event of the occurrence of any one or more of the events specified below, each Lender shall be entitled, after providing a prior written notice to the Company (provided that such breach or event in connection with which notice was sent, has not been rectified or removed during such prior notice period), to demand the immediate repayment of the Loan, and the Company hereby undertakes to repay the Loan to such Lender, within three (3) business days of the Lender’s demand. The prior notice period with respect to the events listed in sub-sections
Immediate Repayment. The Borrower shall immediately repay any outstanding amount.
Immediate Repayment. 16.1 Subject to the provisions of Section 16.2 below, the Trustee shall be entitled to call for immediate repayment of the unsettled balance of the Debentures, in part or in full, and will be compelled to do so if demanded by a special resolution (as defined in the second addendum to this Deed) that is adopted in the general Meeting of the Debenture Holders, or by a written demand signed by the Holders of more than 50% of the unsettled balance of the principal of Debenture in circulation, in case one or more of the events enumerated below occur:
16.1.1 If the Company does not repay any sum (including principal or interest or linkage differences) that is due pursuant to the terms of the Debentures within, 7 days of the maturity of that sum, according to the terms of the Debentures.
16.1.2 A permanent liquidator has been appointed by a court, or if the court has issued the Company a final liquidation order, or if a valid resolution for voluntary liquidation of the Company is adopted.
16.1.3 A motion is filed regarding the Company to reach a settlement with the creditors of the Company in accordance with Section 350 of the Companies Law, 5759 – 1999, or if a motion for staying of proceedings is issued pursuant to this section, and if the motion has been filed other than by the company – the motion or order is not removed or cancelled within 45 days of filing or granting, as relevant.
16.1.4 If the company is dissolved or struck for any reason, including striking or dissolution for merger purposes or within a share exchange transaction, unless the Trustee is convinced that the rights of the Debenture Holders (Series C) will not be infringed following such a merger or share exchange transaction.
16.1.5 If one of the cases listed below occurs and according to the determination of the Trustee or a special resolution adopted in a general Meeting of the Debenture Holders, this may infringe upon or endanger the rights of the Debenture Holders:
16.1.5.1 A temporary liquidator or temporary receiver has been appointed for the Company by a court or if the court has issued the Company a temporary liquidation order, and such an appointment or order is not revoked within 30 days of being issued.
16.1.5.2 Material assets of the Company are subjected to attachment and the attachment is not removed within 45 days of its imposition.
16.1.5.3 An execution action is carried out against material assets of the Company and the action is not cancelled within 45 days of being carried...
Immediate Repayment. 4.1 The Lender can also claim the outstanding part of the Principal and any accrued and unpaid Interest in its entirety, without any summons, notice of default or judicial intervention being required, in the event that:
(a) the Borrower does not, including untimely or improperly, observe one or more provisions of this Agreement vis-à-vis the Lender and remains in default after being summed to remedy such breach and being given a period of at least 7 days to provide for such remedy; or
(b) the Borrower is declared bankrupt, applies for suspension of payments (in Dutch: “surseance van betaling”), institutes for its own bankruptcy, or is subjected to other insolvency proceedings, or that resolutions to such effect have been passed and/or such requests have been made by third parties; or
(c) an attachment has been levied - which has not been lifted within a period of 20 days – on, or a transfer has occurred of, in the opinion of the Lender an important part of the Borrower's assets; or
(d) the Borrower is dissolved, split-off or merged, without prior written approval by the Lender; or
(e) if and as soon as control as defined in the SER Resolution concerning the Merger Code 2015 over the Borrower or over legal persons who are direct or indirect shareholders of the Borrower is acquired by one or more persons other than those that exercised such control on the date of the Agreement, regardless of the reason, unless prior written approval has been granted by the Lender.
4.2 The Borrower will inform the Lender immediately if one of the circumstances described in Article
4.1 arises or threatens to occur.
Immediate Repayment. Without detracting from any right available to the Lender in accordance with the provisions of this Agreement and/or according to law, it is hereby agreed that in the event of one or more of the cases listed below, the Lender may demand the Loan to be repaid immediately, realize collaterals and carry out any procedure, including legal procedures, as it deems appropriate and as the law allows, all this at the Lender’s sole discretion (hereinafter: “Immediate Repayment”):
4.1. The Borrower did not comply with their obligations and/or statements according to this Agreement;
4.2. A request for liquidation and/or a request for the appointment of a receiver and/or a request to freeze proceedings against the Borrower and/or their assets was submitted and the request was not canceled and/or deleted and/or rejected within 14 (fourteen) days from the date it was submitted.
4.3. An asset receiver (temporary or permanent) and/or a trustee and/or a special manager and/or a liquidator (temporary or permanent) or any other official was appointed for the Borrower, and these appointments have not been canceled within 30 (thirty) days from the date of the appointment.
4.4. A liquidation order has been issued against the Borrower or a decision on voluntary liquidation has been accepted by the shareholders’ meeting.
4.5. A lien has been imposed on any of the Borrower’s assets and/or rights, which might prevent and/or impair the Borrower’s ability to fulfill their obligations under this Agreement, and the lien has not been removed within 45 days.
4.6. The Borrower have stopped their activity for a period exceeding 30 days or (as the case may be).
4.7. There is a real concern that the Borrower will not be able to meet their obligations under this Agreement.
4.8. The Borrower became a “restricted customer” as defined in the Checks Without Cover Law, 5740-1980, or if any of the Borrowers’ accounts become a “restricted account” as defined in this law.
Immediate Repayment. 8.1. On the occurrence of one or more of the events in this section hereinafter, the provisions of section 8.2 hereinafter will apply, as applicable:
8.1.1. If the Company does not pay any amount that is due from it in relation with the Debentures of the relevant Series within 45 days from their due date
8.1.2. If a final or permanent liquidation order is granted by the court in relation with the Company
8.1.3. If a provisional liquidation order is granted by the court, or a valid decision is adopted to liquidate the Company (or if a valid resolution is passed for the liquidation of the Company (apart from a liquidation for purposes of a merger with another company, and only when the board of directors approval was submitted to the Trustee, showing that the absorbing company has assumed the Company’s full obligations to the debenture holders and that there is no reasonable doubt that due to the merging, the absorbing company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes in the structure of the Company) and the decree or decision as stated, were not cancelled within 60 days from the date the order was given or the resolution was passed, and on condition that as a result the payments to the holders of the Debentures of the relevant series, or their rights, were affected, or there is reasonable doubt they might be affected.
8.1.4. If the Company's assets are foreclosed, and the foreclosure is not removed within 60 days of its performance.
8.1.5. If execution procedures are carried out against the Company's assets, and the procedures are not cancelled within 60 days from the execution date.
8.1.6. If a permanent receiver is appointed to the Company and/or the Company's assets, and the appointment is not cancelled within 60 days
8.1.7. If a temporary receiver is appointed to the Company and/or the Company's assets, and the appointment is not cancelled within 60 days.
8.1.8. If the Company stops or notifies its intention to stop the payment of its debts, or ceases or notifies its intention to cease its business, as those will be from time to time.
8.1.9. If decree for the freezing of the procedures is rendered, or if the Company applied for a settlement with the Company's creditors, as per section 350 of the Companies law, 1999 (The Companies Law) (excluding for the purpose of ...
Immediate Repayment. Upon the occurrence of one or more of the events enumerated below – and these events exclusively – the Lenders may, by a decision passed by a Special Majority of the Lenders, demand the immediate repayment of all or part of the Credit Amounts. Notice of the demand for immediate repayment shall be provided by the Lenders, through the Facility Agent, after it receives appropriate instructions from the Lenders, based on the agreements herein and in the Inter-Creditor Agreement. In such instance, the Company undertakes to pay the Lenders, at their demand, all or part of the Credit Amounts with respect to the Credit provided to the Company, the repayment of which is demanded by the Lenders, through the Facility Agent. The Lenders, through the Facility Agent, may charge the Company's Account for all or part of the Credit Amounts, and may take all the measures they deem necessary to collect such amounts, in particular to realize all or part of the Collaterals, at their discretion, in any manner permitted by Law at the Company's expense, all subject to any Law. The following are the events:
24.1. If the Company breaches and/or fails to perform: (a) any condition of the Credit Documents, which, in the discretion of the Lender, through the Facility Agent, is a material condition; or (b) any other undertakings which the Company undertook and or is to undertake towards the Lenders, whether under this Agreement or under any of the other Credit Documents, which, in the discretion of the Lender, through the Facility Agent, is a material undertaking, all, if the aforementioned breach is not remedied within 45 days of receiving notice of the breach (for the avoidance of doubt – the provisions of this Section 24.1 do not apply to the specific instances set forth in the remaining subsections of this Section 24 below, with respect to which the specific arrangements provided in any of the aforementioned subsections shall apply). Notwithstanding the foregoing in this Section 24.1, the Lenders, through the Facility Agent, shall be exempt from providing such notice and/or from waiting for the conclusion of the notice period if the Lenders, through the Facility Agent, believe that providing the notice and/or waiting to the end of the notice period may cause the Lenders immediate and substantial damage, including any instance in which the Lenders, through the Facility Agent, believe that provision of the notice and/or waiting to the end of the notice period may derogate from the Le...
Immediate Repayment. In the event of the occurrence of any one or more of the events specified below, each Lender shall be entitled, after providing a prior written notice to the Company (provided that such breach or event in connection with which notice was sent, has not been rectified or removed during such prior notice period), to demand the immediate repayment of the Loan, and the Company hereby undertakes to repay the Loan to such Lender, within three (3) business days of the Lender’s demand. The prior notice period with respect to the events listed in sub-sections 6.1, 6.4 and 6.5 shall be thirteen (13) days and the prior notice period with respect to the events listed in sub-section 6.2 and 6.3 shall be forty five (45) days.
6.1 The failure of the Company to pay, within fourteen (14) days from a payment date pursuant to the Agreement, any of the payments which it is required to pay to a Lender pursuant to this Agreement.
6.2 The breach and/or failure by the Company to fulfill any of its undertakings to the Lenders pursuant to Section 5 of this Agreement.
6.3 The issuance of an order for liquidation of the Company (with the exception of voluntary liquidation for the purposes of merging with another company and/or changing the Company’s corporate structure) and/or permanent receivership against the Company, or the issuance of an order for temporary liquidation and/or temporary receivership against the Company.
6.4 The total cessation by the Company of making payments to substantially all of its creditors.
6.5 The cessation by the Company of managing its business.
Immediate Repayment. 9.1. Upon the occurrence of one or more of the causes set forth hereinafter and so long as they are occurring, the Trustee and the Holders of Debentures shall be entitled to put the balance of the amount due to the Holders in accordance with the Debentures for immediate repayment, or to realize collaterals (inasmuch as they shall be given) for guaranteeing the Company’s undertakings to the Holders of Debentures, and the provisions of clause 9.2 hereafter shall apply, as the case may be:
9.1.1 If a material worsening has occurred in the Company’s business as compared to its state at the issuance date, and there is a real concern that the Company will not be able to repay the Debentures on time.
9.1.2 If the Company has not repaid by of the payments it owes in accordance with The Debentures or in accordance with this Deed, or another material undertaking provided in favor of the Debenture Holders was not fulfilled, however it shall be possible to declare the Debentures (Series B) immediately repayable due to this, only if the breach was not amended by the end of a period of seven (7) days after the date of breach.
9.1.3 If the Company did not publish a financial statement which it is required to publish according to any law or according to the provisions of this Deed, within 30 days after the last date on which it is obligated publish it. This clause shall not apply in the case where the Company shall receive an extension to submit its financial statements from a qualified authority or in accordance with the provisions of this Deed, in such an event this count of days shall begin to be counted commencing from the last date set forth in the aforementioned extension.
9.1.4 If the Debentures (Series B) have been delisted from trade on the Stock Exchange.
9.1.5 If a motion was filed for receivership or to appoint a receiver (temporary or permanent) on the Company’s assets, all or most, or if an order shall be given to appoint a temporary receiver for the Company’s assets, all or most of them – which was not dismissed or cancelled within forty five (45) days after they were filed or granted, respectively; or – if an order was given to appoint a permanent receiver on the Company’s assets, all or most. Notwithstanding the aforesaid, the Company shall not be given any cure period with respect to the motions or orders that were filed or granted, respectively, by the Company or with its consent. For this matter, “most of the Company assets” – as this term is defined h...
Immediate Repayment. With respect to immediate repayment of the Debentures, the provisions of clause 9 of the Deed of Trust shall apply and which are included in this addendum by reference.