Triggering Event

Triggering Event. Means any of the following events: (a) the Common Stock is not listed or quoted, or is suspended from trading, on an Eligible Market for a period of five or more Trading Days (which need not be consecutive Trading Days); (b) the Company fails for any reason to deliver a certificate evidencing any Securities to a Purchaser within five Trading Days after delivery of such certificate is required pursuant to any Transaction Document or the exercise or... conversion rights of the Holders pursuant to any Transaction Document are otherwise suspended for any reason; (c) the Company fails to have available a sufficient number of authorized but unissued and otherwise unreserved shares of Common Stock available to issue Underlying Shares upon any exercise of the Note; (d) at any time after the Closing Date, any Common Stock issuable pursuant to the Transaction Documents is not listed on an Eligible Market; (e) the Company effects or publicly announces its intention to effect any exchange, recapitalization or other transaction that effectively requires or rewards physical delivery of certificates evidencing the Common Stock; (f) the effectiveness of the Registration Statement lapses for any reason or the Holder shall not be permitted to resell any Underlying Shares under the Registration Statement, in either case, for five or more Trading Days (which need not be consecutive Trading Days); (g) the Company fails to make any cash payment required under the Transaction Documents and such failure is not cured within five days after notice of such default is first given to the Company by a Purchaser; (h) the Company defaults in the timely performance of any obligation under the Transaction Documents and such default continues uncured for a period of 20 days after the date on which notice of such default is first given to the Company by a Purchaser (it being understood that no prior notice need be given in the case of a default that cannot reasonably be cured within 20 days); or (i) the Company materially breaches any of its representations or warranties under the Transaction Documents. View More

Triggering Event. Means (a) the termination of the Executive's employment by the Company at any time during the Coverage Period, other than a termination for Cause or a termination due to the Executive's Disability or death or (b) a termination of the Executive's employment by the Executive at any time during the Coverage Period for Good Reason.

Triggering Event. An event of a nature that would be required to be reported by the Company in response to Item 6(d) of Schedule 14A of Regulation 14A promulgated under the Exchange Act; provided that, without limitation, such an event shall be deemed to have occurred if (a) any person or group (as such terms are used in Section 13(d) and 14(d) of the Exchange Act) is or becomes the beneficial owner (as defined in Rule 13d-3 under the Exchange Act), directly or indirectly, of securities of the Company... representing more than 50% of the combined voting power of the Company's then outstanding securities, or (b) there are serving as directors two or more persons who were elected as members of the Board of Directors and were not nominated by management or the Board of Directors of the Company to serve on the Board of Directors of the Company, or (c) the Company is merged or consolidated with another corporation and as a result of such merger or consolidation less than 51% of the outstanding voting securities of the surviving or resulting corporation are owned in the aggregate by the former shareholders of the Company, excluding for purposes of such calculation shares of the voting securities of the Company owned by a party to such merger or consolidation or affiliates (within the meaning of the Exchange Act) of such party, as the same existed immediately prior to such merger or consolidation, or (d) the Company sells all or substantially all of its assets to another corporation which is not a wholly-owned subsidiary of the Company. View More

Triggering Event. A "Triggering Event" for the purpose of this Agreement will be deemed to have occurred if, during the Contract Period while Executive is employed by DDR: (a) Within two years after the date on which a Change in Control occurs, DDR terminates the employment of Executive, other than in the case of a termination for Cause, a termination by DDR pursuant to Section 6.1 following Executive's disability, or a termination based on death; or (b) Within two years after the date on which a Change in... Control occurs, Executive terminates his employment with DDR for Good Reason. View More

Triggering Event. (i) a sale, transfer or disposition of all or substantially all of the Company's assets other than to (A) a corporation or other entity of which at least a majority of its combined voting power is owned directly or indirectly by the Company, (B) a corporation or other entity owned directly or indirectly by the holders of capital stock of the Company in substantially the same proportions as their ownership of Common Stock, or (C) an Excluded Entity (as defined in subsection (ii) below); or (ii)... any merger, consolidation or other business combination transaction of the Company with or into another corporation, entity or person, other than a transaction with or into another corporation, entity or person in which the holders of at least a majority of the shares of voting capital stock of the Company outstanding immediately prior to such transaction continue to hold (either by such shares remaining outstanding in the continuing entity or by their being converted into shares of voting capital stock of the surviving entity) a majority of the total voting power represented by the shares of voting capital stock of the Company (or the surviving entity) outstanding immediately after such transaction (an "Excluded Entity"). Notwithstanding anything stated herein, a transaction shall not constitute a "Triggering Event" if its sole purpose is to change the state of the Company's incorporation, or to create a holding company that will be owned in substantially the same proportions by the persons who hold the Company's securities immediately before such transaction. For clarity, the term "Triggering Event" as defined herein shall not include stock sale transactions whether by the Company or by the holders of capital stock View More

Triggering Event. Shall mean the occurrence of one of the following events: (i) the termination of Executive's employment with the Company by the Company other than for Cause prior to a Change of Control, and the reasonable demonstration by Executive that such termination of employment (x) was at the request of a third party who had taken steps reasonably calculated to effect a Change of Control, or (y)... otherwise arose in connection with or in anticipation of a Change of Control; or (ii) at any time during the 24-month period commencing on the date of a Change of Control, either (x) the Company terminates Executive's employment other than for Cause or (y) Executive terminates his employment for Good Reason. View More

Triggering Event. Means, as of any date of determination, that an Event of Default has occurred and is continuing as of such date.

Triggering Event. Shall mean any of the following: (i) The Collateral Agent shall have received from BP written notice that (A) either an event of default or a termination event has occurred and is continuing under one or more of the BP Swap Documents, (B) an early termination date has been designated as a result thereof, (C) specifies the sum (which may be an estimate pending actual determination of such amounts) of all unpaid amounts and settlement payments then due as the result of the designation of such... early termination date and the amount of interest and other amounts then due and payable by Issuer in respect thereof, and (D) the amount set forth in clause (C) has not been paid in full or discharged to the satisfaction of BP; or (ii) BP or Issuer shall have received from the Administrative Agent (acting at the direction of the Requisite Holders) written notice that (A) an Event of Default (as defined in the Note Purchase Agreement) has occurred and is continuing and (B) the unpaid principal amount of the Notes (as defined in the Note Purchase Agreement) under the Note Purchase Agreement and all interest accrued and unpaid thereon have been declared to be then due and payable. View More

Triggering Event. Termination of the Executive's employment with the Company without Cause by the Company, or for Good Reason by the Executive, on or within one year after the Effective Date. For purposes of this definition, an Executive's employment with the Company will be deemed to have terminated on the earlier of the date the Executive's employment with the Company ceases or the date that written notice of any such termination is received by the Executive or by the Company, as the case may be, even though... the parties may agree in connection therewith that the Executive's employment with the Company will continue for a specified period thereafter. The failure by the Executive or the Company to set forth in any such notice sufficient facts or circumstances showing Good Reason or Cause, as the case may be, shall not waive any right of the Executive or the Company or preclude either party from asserting such facts or circumstances in the enforcement of any such right. View More

Triggering Event. The occurrence of any one of the following events: (i) the Company terminates Executive's employment with the Company without "cause" as such term is defined in Executive's Employment Agreement; or (ii) Executive terminates his employment with the Company because the Company has reduced Executive's Base Salary or the amount of bonus for which Executive is eligible from the highest levels in place from the date that is three (3) months before a Change of Control through the time of the Change of... Control; or (iii) Executive terminates his employment with the Company because the Company (i) has reduced Executive's title, duties, authority or reporting relationships so as to materially reduce Executive's overall job responsibilities from the highest levels in place from the date that is three (3) month before a Change of Control through the time of the Change of Control or (ii) has required that Executive relocate to a location more than 40 miles from the Company's headquarters at the time of the Change of Control; provided that, none of the events described in clauses (ii) and (iii) above shall constitute a Triggering Event unless and until the Executive first notifies the Company in writing describing the event(s) which constitute(s) the Triggering Event(s) within 90 days after the occurrence of such event(s) and the Company fails to cure such event(s) within 30 days after the Company's receipt of such written notice View More