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Lender Related Distress Event
Lender Related Distress Event contract clause examples
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RELATED DOCUMENTS. This Note is issued in connection with the Aircraft Security Agreement of even date herewith between Bo11'ower and Lender (the "Aircraft Security Agreement"), one or more Guaranty agreements, and such other agreements and documents executed and/or delivered in connection herewith or therewith (as amended, modified or renewed from time to time, collectively the "Related Documents"), and is secured by the property described in the Related Documents and by such other collateral as previously may have been or may in the future be granted to Lender to secure this Note.

Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, collateral mortgages, cooperation covenants, agreements to provide insurance, resolutions, chattel mortgages, trust receipts, assignment pledges, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Obligations. The Related Documents shall also include the Aircraft Specification Worksheet executed and delivered by or on behalf of the Grantor in connection with the Collateral, the terms of which are hereby incorporated herein by reference.

With respect to the Registration Statement and whenever any Registrable Securities are to be registered pursuant to Section 2, including on any New Registration Statement, the Company shall use its reasonable best efforts to effect the registration of the Registrable Securities in accordance with the intended method of disposition thereof and, pursuant thereto, the Company shall have the following obligations:

The Related Transaction shall close not later than April 1, 2020 unless Borrowers irrevocably elect to not close the Related Transaction. As of the closing date thereof, the Related Transactions shall be consummated in accordance with the terms of the Related Transaction Documents and applicable law and all necessary consents and approvals shall have been obtained in connection therewith, with no material changes from the terms thereof previously disclosed to Administrative Agent. Prior to closing the Related Transaction, Borrowers shall provide evidence satisfactory to Administrative Agent that immediately after giving effect to # the closing of the Related Transaction and all payments required to be made in connection with such closing, # the making of any Loans requested to be made in connection with such closing, # the payment of all fees due upon such date, and # the payment or reimbursement by Borrowers of all closing costs and expenses incurred in connection with the transactions contemplated thereby, Borrowers have Excess Availability of not less than ​.

Related Agreements. At each Offering, the Company shall enter into the following additional agreements:

Related Provisions. Notwithstanding anything to the contrary contained in this Agreement, arbitration shall not be required in order for either party to exercise any specific remedies contained in this Agreement based on a violation by the other party, and either party may pursue court remedies for claims which do not seek to recover damages from the other party, without submitting such claims to arbitration, and without notice except as required by court procedures. By way of examples, and without limiting the generality of the foregoing statement, either party may: # exercise any express right to terminate this Agreement without being required to arbitrate any dispute or controversy arising out of or relating to such termination; and # pursue actions in court seeking to obtain and enforce declaratory, injunctive or other equitable relief, and judgments for unpaid fees under this Agreement, or the refund of fees under this Agreement. All claims that are not subject to the above arbitration provisions (including claims that an arbitrator has exceeded his or her authority and claims involving the determination of the scope or applicability of the foregoing arbitration provisions), shall be litigated exclusively in a federal or state court sitting in Cook County, Illinois; the parties hereby agree that such courts are convenient forums and submit to the jurisdiction and venue of such courts. The prevailing party in any such litigation shall be entitled to recover its reasonable legal fees and costs from the other party. IN THE INTEREST OF SAVING TIME AND RESOURCES, THE PARTIES HEREBY MUTUALLY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY COURT ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ARISING OUT OF OR RELATING TO THIS AGREEMENT. Although such jury waiver is intended to be self-operative and irrevocable, the parties each further agree, if requested, to confirm such waivers in writing at the time of commencement of any such action, proceeding or counterclaim. This Section shall survive termination of this Agreement.

Cause” means any of the following: # your continued failure, for a period of at least 30 calendar days following a written warning, to perform your duties in a manner deemed satisfactory by your supervisor, in the exercise of his or her sole discretion; # your failure to follow a lawful written directive of the Chief Executive Officer, your supervisor or the Board; # your willful violation of any material rule, regulation, or policy that may be established from time to time for the conduct of the Company’s business; # your unlawful possession, use or sale of narcotics or other controlled substances, or performing job duties while illegally used controlled substances are present in your system; # any act or omission or commission by you in the scope of your employment # which results in the assessment of a civil or criminal penalty against you or the Company, or # which in the reasonable judgment of your supervisor could result in a material violation of any foreign or U.S. federal, state or local law or regulation having the force of law; # your conviction of or plea of guilty or no contest to any crime involving moral turpitude; # any misrepresentation of a material fact to, or concealment of a material fact from, your supervisor or any other person in the Company to whom you have a reporting relationship in any

Related Documents. The Borrower shall not amend, modify or waive any term or provision of any Related Document without the prior written consent of the Administrative Agent and the Requisite Lenders.

Competitive Enterprise” means any business enterprise that derives more than 20% of its revenue from any activity that competes anywhere with any activity that the Company is then engaged in and which activity generates more than 10% of the Company’s revenue.

Separation Benefits Not Related to a Sale Event. A Covered Employee who is entitled to separation benefits under this Plan and whose employment is terminated by the Company or Applicable Subsidiary without Cause or by the Covered Employee for Good Reason, which termination (in either case) does not occur upon a Sale Event or during the twenty-four (24) month period following a Sale Event, shall be entitled to the following separation benefits:

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