Default

Default. Means, as applicable, a Default (as defined in the Investor Note) or an Event of Default (as defined in the Series B Note).

Default. I) the Company shall default in the payment of interest and/or principal on this Note (subject to the right of the Holder to convert all of the presently due and outstanding principal and/or interest owing under this Note into Conversion Securities upon which this Note shall not be deemed in Default) and such default shall continue for ten (10) business days after the due date... thereof; or ii) any of the representations or warranties made by the Company herein or in any certificate or financial or other statements heretofore or hereafter furnished by or on behalf of the Company to Holder in connection with the execution and delivery of this Note or such other documents shall be false or misleading in any material respect at the time made; or iii) the Company shall fail to materially perform or observe any covenant or agreement in the Note Purchase Agreement, or any other covenant, term, provision, condition, agreement or obligation of the Company under this Note and such failure shall continue uncured for a period of ten (10) business days after notice from the Holder of such failure; or iv) the Company shall (1) become insolvent; (2) admit in writing its inability to pay its debts generally as they mature; (3) make an assignment for the benefit of creditors or commence proceedings for its dissolution; or (4) apply for or consent to the appointment of a trustee, liquidator or receiver for it or for a substantial part of its property or business; or v) a trustee, liquidator or receiver shall be appointed for the Company or for a substantial part of its property or business without its consent and shall not be discharged within thirty (30) days after such appointment; or vi) any governmental agency or any court of competent jurisdiction at the insistence of any governmental agency shall assume custody or control of the whole or any substantial portion of the properties or assets of the Company and shall not be dismissed within thirty (30) days thereafter; or vii) the Company shall sell or otherwise transfer all or substantially all of its assets; or viii) bankruptcy, reorganization, insolvency or liquidation proceedings or other proceedings, or relief under any bankruptcy law or any law for the relief of debt shall be instituted by or against the Company and, if instituted against the Company shall not be dismissed within thirty (30) days after such institution, or the Company shall by any action or answer approve of, consent to, or acquiesce in any such proceedings or admit to any material allegations of, or default in answering a petition filed in any such proceeding; or ix) the Company shall be in default of any of its indebtedness, including but not limited to its senior lending facility, and the holders thereof shall have accelerated such indebtedness; or x) the Company shall be in material default of any of its indebtedness that gives the holder thereof the right to accelerate such indebtedness. View More

Default. Shall mean any event or condition which, with the passage of time or the giving of notice, or both, would constitute an Event of Default.

Default. Means any event that with the giving of notice or the passage of time, or both, would become an Event of Default.

Default. The same meaning ascribed to the term "Event of Default" in the Deed of Trust and includes any breach of any covenant, representation or warranty and any other default under this Agreement, subject to any applicable notice and cure period.

Default. Any of the events specified in Section 7, whether or not any requirement for the giving of notice, the lapse of time, or both, has been satisfied

Default. The occurrence of any of the events specified in paragraph 9 of this Agreement that are not remedied by the Borrowers or waived by the Bank as provided in paragraph 9.

Default. Means the occurrence of any one or more of the following events, which in the case of clause (ii) below continues for a period of 5 days after the Collateral Agent gives written notice thereof: (i) an Event of Default (as defined in the Notes); (ii) except as otherwise provided in this definition, the failure of any Debtor to perform any material covenant, agreement, or condition contained herein; (iii) the levy against the Collateral, or any part thereof, or any execution, attachment,... sequestration, or other writ; (iv) the appointment of a receiver with respect to the Collateral, or any part thereof; (v) the filing by any Debtor, by way of petition or answer, of any petition or other pleading seeking relief as a debtor, or an adjustment of any Debtor's debt s, or any other relief under any bankruptcy, reorganization, or insolvency laws now or hereafter existing; or (vi) the receipt by the Collateral Agent of information establishing that any representation or warranty made by any Debtor herein is false, misleading, or erroneous in any material respect. View More

Default. Means the occurrence of any of the following events: (a) any Event ------- of Default; (b) any representation or warranty of Blackstone herein is untrue in any material respect; or (c) Blackstone fails to comply with or perform any covenant or other agreement under this Agreement in any material respect and such failure shall continue for 30 days after written notice from the Lender.

Default. Any event that is or with the passage of time or the giving of notice or both would be an Event of Default under the Note.