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The Standstill Agreement contains a cross-default provision, which provides that a default under the DIP Agreement also constitutes a default under the Standstill Agreement.
Mr. Zuckerman added, however, that since withholding maintenance charges typically constitutes a default under the proprietary lease, it would be wise for the letter writer to consult a lawyer to make sure that she is not jeopardizing her status as a tenant-shareholder.
It said the move did not constitute a default at this point.
They often fail to lay down clearly what would constitute a default for the purpose of triggering payment to holders of such derivatives.
The company did not elaborate on what covenant was involved, or whether a failure to meet the test would constitute a default on the loan.
But Treasury Secretary Jacob J. Lew has said prioritizing those payments still would constitute a default because the government would not be paying all its obligations.
Beazer wants the court to declare that the delayed filing of the companys 10-Q quarterly earning statement with the Securities and Exchange Commission does not constitute a default under its bond agreements, and that the delay will not allow its creditors, or vulture investors as it called them in its complaint, to demand accelerated repayment of its debts.
However, this does not constitute a default.
"In our system it's very clear — a missed payment does constitute a default.
The association, however, provided guidance on Thursday that a voluntary swap would not constitute a default.
This is the committee that will likely rule that the Greek deal would not constitute a default.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com