Collateral Borrowing Base Deficiency. Should the sum of the # unpaid outstanding principal balance of the Revolver Note at any time prior to maturity plus all other outstanding Indebtedness be greater than the Collateral Borrowing Base in effect at such time (a "Borrowing Base Deficiency"), Bank may notify Borrowers in writing of the deficiency. Within fifteen (15) days from and after the date of any such deficiency notice Borrowers shall notify Bank in writing of their election to:
Mandatory Prepayments due to Borrowing Base Deficiency or Contingent Borrowing Base Deficiency.
“Accumulated Funding Deficiency” means a funding deficiency described in [section 302] of ERISA and section 412 of the Code.
promptly but no later than five Business Days after the Borrower shall at any time have knowledge that there is a Borrowing Base Deficiency, a Borrowing Base Certificate as at the date the Borrower has knowledge of such Borrowing Base Deficiency indicating the amount of the Borrowing Base Deficiency as at the date the Borrower obtained knowledge of such deficiency and the amount of the Borrowing Base Deficiency as of the date not earlier than one Business Day prior to the date the Borrowing Base Certificate is delivered pursuant to this paragraph;
Notwithstanding anything to the contrary in this Agreement or any other Loan Document, as long as any portion of the FILO Loans are outstanding, the [[Administrative Agent:Organization]] shall implement and maintain the FILO Deficiency Reserve, if applicable. For the purposes of determining any FILO Deficiency Reserve, the [[Administrative Agent:Organization]] shall be entitled to rely solely on the calculation thereof made by the as reflected in the most recent Borrowing Base Certificate delivered by the to the [[Administrative Agent:Organization]], unless the [[Administrative Agent:Organization]] is notified in writing by the [[FILO Documentation Agent:Organization]] that such calculation is inaccurate and providing the [[Administrative Agent:Organization]] and the with the correct calculation, prepared in good faith, of the FILO Deficiency Reserve (any such notice, a “FILO Deficiency Reserve Correction Notice”), and, in such event, the [[Administrative Agent:Organization]] shall be entitled to rely solely on the calculation of the FILO Deficiency Reserve made by the [[FILO Documentation Agent:Organization]] as reflected in the FILO Deficiency Reserve Correction Notice. Upon receipt by the [[Administrative Agent:Organization]] of a Borrowing Base Certificate or a FILO Deficiency Reserve Correction Notice, as applicable, the [[Administrative Agent:Organization]] shall have a two (2) Business Day period of time to implement any FILO Deficiency Reserve or any adjustments to the FILO Deficiency Reserve then in effect as set forth in such Borrowing Base Certificate or such FILO Deficiency Reserve Correction Notice, as the case may be, and shall thereafter maintain such FILO Deficiency Reserve until further adjustment, if any, pursuant to receipt of a subsequent Borrowing Base Certificate or FILO Deficiency Reserve Correction Notice. The [[Administrative Agent:Organization]] shall not have any liability for relying on the calculation of any FILO Deficiency Reserve as set forth in a Borrowing Base Certificate delivered by the or in any FILO Deficiency Reserve Correction Notice delivered by the [[FILO Documentation Agent:Organization]], as the case may be. In the event of any discrepancy or dispute between the [[FILO Documentation Agent:Organization]] and the as to the amount of any FILO Deficiency Reserve, the [[Administrative Agent:Organization]] shall rely (and shall be entitled to rely) solely on the calculation of the FILO Deficiency Reserve as determined by the [[FILO Documentation Agent:Organization]] and shall have no liability to any Person for doing so.
2.2No Default; No Borrowing Base Deficiency. No Default or Event of Default shall have occurred which is continuing, and no Borrowing Base Deficiency shall then exist.
At the end of the Term, the Aggregate Deficiency Volumes shall be determined by summing up all of the Deficiency Volumes, if any, during the preceding Annual True-Up Periods during the Term. If Aggregate Deficiency Volumes exist, the Term will be extended for up to one year, for the sole purpose of allowing Tapstone to sell to Plains an amount of Crude Oil equal to the Aggregate Deficiency Volumes at the price set forth in Section 1 above.
Erroneous Payment Deficiency Assignment. See §14.19(d).
“FILO Deficiency Reserve Correction Notice” has the meaning specified in [Section 2.19(a)].
“Erroneous Payment Return Deficiency” has the meaning set forth in [Section 9.20(d)].
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