Enumerated Defaults definition

Enumerated Defaults means (a) any failure to meet any of Milestones 1(a), 2(a) (unless the Consenting Lenders have notified the Company Parties of the reasons why any proposed plan is not an acceptable plan and the Company Parties have failed to cure such defects within a reasonable amount of time), 2(b)–(d), 3(b)(ii)–(v), (4)(b), and 4(c), provided that no court of competent jurisdiction has determined by final, non-appealable order that the actions or omissions of the Company Parties or the Consenting Sponsor, as applicable, materially contributed to the failure to meet the applicable Milestone; (b) failure to meet any of the Budget Covenants (as defined in the Cash Collateral Orders) if such failure is the result of events that are outside of the control of the Company Parties and the Consenting Sponsor, including, but not limited to, unplanned outages (for the avoidance of doubt, solely to the extent resulting from events that are outside the control of the Company Parties and the Consenting Sponsor), any orders or rulings in connection with the PJM Litigation, and any increase in Total Professional Fee Disbursements (as defined in the Cash Collateral Orders) due to actions taken at the request of, or with the consent of, Consenting Lenders; (c) any action or omission giving rise to the following Events of Default (as defined in the Cash Collateral Orders) enumerated in paragraph 8 of the Cash Collateral Orders:
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Enumerated Defaults means the failure of any Loan Party to comply with the terms of SECTION 2.18(c)(ii), SECTION 2.18(d), SECTION 2.18(e), SECTION 2.18(f), or SECTION 2.18(h) or the occurrence of any Event of Default specified in SECTION 7.01(a), SECTION 7.01(b), SECTION 7.01(h), or SECTION 7.01(i).
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Enumerated Defaults has the meaning set forth in Section 9.3(a)."
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Examples of Enumerated Defaults in a sentence

  • The Borrower and each of the Guarantors waives notice of intent to accelerate, opportunity to cure, and notice of acceleration with respect to the Enumerated Defaults and any future Events of Default.

  • The occurrence of any Default or Event of Default under any one or more of the Loan Documents other than the Enumerated Defaults.

  • Each Obligor confirms that no existing purchase money Debt will be paid or prepaid while an Event of Default (other than the Enumerated Defaults during the Forbearance Period) exists or would, after giving effect to such payment or pre-payment, exist and the Borrower will not amend or modify the existing terms of such Debt without the Lender’s prior written consent.

  • The Borrower acknowledges, confirms and agrees that (i) since February 28, 2009, a Default Period exists and (ii) the Borrower has failed to comply with at least the Enumerated Defaults, each of which presently constitutes an Event of Default and entitles the Lender to exercise its rights and remedies under the Credit Agreement and the other Loan Documents and other rights and remedies available under applicable law.

  • The Specifically Enumerated Defaults and the Current Defaults are, collectively, the "Existing Defaults".

  • Other than with respect to the Enumerated Defaults, no condition is present which presently does or, with the lapse of time or the giving of notice, or both, would constitute an Event of Default.


More Definitions of Enumerated Defaults

Enumerated Defaults means the commencement of the Chapter 11 Case and the other events described in Schedule 8 hereto.
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Enumerated Defaults means the commencement of the Case and the other events described in Schedule 8.01 hereto.
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Related to Enumerated Defaults

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

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

  • Specified Default means a Default under Section 8.01(a), (f) or (g).

  • 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 ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ Engagement Letter or the failure of the Company to pay ▇▇▇▇▇▇’▇ fees, expenses and indemnity in accordance with the terms of the ▇▇▇▇▇▇ 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.

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