Filing Event definition

Filing Event shall have the meaning set forth in Section 2.4 of this Agreement.
Filing Event and, together with the 2004 Filing Event, the “Filing Events”). The Filing Events may constitute a breach of the Company’s obligations under Sections 5.01(h)(ii) and 5.01(h)(i) of the Credit Agreement, respectively. Either or both of the Filing Events may also constitute a breach of Sections 5.01(a), 5.01(f) and other provisions of the Credit Agreement and may result in a breach of the Company’s public debt indentures and other credit or ISDA agreements entered into by the Company and/or its Consolidated Subsidiaries, each of which may constitute a Default under the Credit Agreement. In addition, the failure to deliver a written statement by the Company’s auditors in connection with the Company’s financial statements for the fiscal year ended December 31, 2004 (the “Auditor Statement Event”) may result in a breach of such indentures, which may also constitute a Default under the Credit Agreement. Furthermore, either or both of the Filing Events may result in the Company’s inability to make the representation and warranty contained in the last sentence of Section 4.01(e). The Company requests that the Lenders waive until June 30, 2005, with respect to the 2004 Filing Event and the Auditor Statement Event, and July 31, 2005, with respect to First Quarter Filing Event, any breach, Default and related Event of Default in connection with the matters described in the preceding paragraph and any conditions precedent to borrowing contained in Section 3.03 of the Credit Agreement to the extent that the Company’s inability to meet any such conditions relates to the Filing Events or any such breach, Default or Event of Default, in each case, solely to the extent related to the Filing Events or the Auditor Statement Event.
Filing Event means the earliest to occur of the following events: (i) the sale in a registered public offering of at least 10% of the shares of Common Stock held at such time by DTI Investors LLC or its members (taken as a group); and (ii) the date of the termination of the Executive's employment (A) by the Company without Cause or by reason of disability or by the Executive for Good Reason, (B) as a result of the expiration of the Term of this Agreement (December 31, 2001), or (C) by reason of the Executive's death.

Examples of Filing Event in a sentence

  • The Issuers shall file with the Commission the Initial Shelf Registration Statement as promptly as practicable and in any event on or prior to 45 days after the Company determines or is notified that a Shelf Filing Event has occurred.

  • The Issuers shall file with the Commission the Initial Shelf Registration Statement as promptly as practicable and in any event on or prior to the 45th day after such Shelf Filing Event occurs.

  • Notwithstanding anything contained herein to the contrary, each of any FIRRMA Prohibited Transfer and FIRRMA Prohibited Filing Event shall be deemed prohibited hereunder as a breach hereof and Borrower shall not permit the same to occur without ▇▇▇▇▇▇’s prior written consent.

  • The Issuers shall file with the Commission the Initial Shelf Registration Statement as promptly as practicable and in any event on or prior to 45 days after such Shelf Filing Event occurs.

  • Notwithstanding the foregoing, in the event a Shelf Filing Event occurs as a result of the event set forth in Section 2(c)(ii), the Issuers’ obligation to file an Initial Shelf Registration pursuant to this Section 3 shall cease ab initio if the Exchange Offer is completed within 255 days of the Issue Date, or, if such date is not a Business Day, the next day that is a Business Day.

  • After giving effect to this Amendment, no Default or Event of Default shall exist whether in respect of any Delayed Filing Event or otherwise.

  • The Issuer shall use its reasonable best efforts to file with the Commission the Initial Shelf Registration as promptly as practicable, but in no event later than 45 days after the Issuer has notice of the Shelf Filing Event.

  • Notwithstanding anything contained herein to the contrary, each of any FIRRMA Prohibited Transfer and FIRRMA Prohibited Filing Event shall be deemed prohibited hereunder as a breach hereof and Borrower shall not permit the same to occur without L▇▇▇▇▇’s prior written consent.

  • Executive specifically agrees that, in connection with a Filing Event described in clause (i) of the definition thereof, he will not sell, transfer or otherwise dispose of any shares of Common Stock, for a period of 180 days following such event, unless the underwriters for the relevant public offering determine a shorter period to be appropriate.

  • The Issuers shall file the Shelf Registration with the Commission prior to the later of (x) 210 days after the Issue Date and (y) 60 days after the occurrence of the applicable Shelf Filing Event.


More Definitions of Filing Event

Filing Event shall have the meaning set forth in Section 15.1 of this Agreement.
Filing Event means the earliest to occur of the following events: (i) the sale in a registered public offering of at least 10% of the shares of Common Stock held at such time by DTI Investors LLC or its members (taken as a group); and (ii) the date of the termination of the Executive's employment (A) by the Company without Cause or by reason of disability or by the Executive for Good Reason, (B) as a result of the expiration of the Term of this Agreement (December 31, 2004), (C) by reason of the Executive's death, or (D) subsequent to a Change of Control (as such term is defined in the Change of Control Agreement).
Filing Event means the earliest to occur of the following events: (i) the sale in a registered public offering of at least 10% of the shares of Common Stock held at such time by DTI Investors LLC or its members (taken as a group), (ii) the termination or liquidation of DTI Investors LLC; and (iii) the date of termination of the Executive's employment (A) by the Company without Cause or by reason of disability or by the Executive for Good Reason, (B) as a result of the expiration of the original Term of this Agreement (December 31, 1999) or (C) by reason of the Executive's death.

Related to Filing Event

  • Shelf Filing Event shall have the meaning set forth in Section 2(c) hereof.

  • Disabling Event means the General Partner ceasing to be the general partner of the Partnership pursuant to Section 17-402 of the Act.

  • Registration Filing Date means the date that is sixty (60) calendar days after the Effective Date.

  • Filing Date means, with respect to the Initial Registration Statement required hereunder, the 30th calendar day following the date hereof and, with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), the earliest practical date on which the Company is permitted by SEC Guidance to file such additional Registration Statement related to the Registrable Securities.

  • Registration Event means the occurrence of any of the following events: