Item 1.01 Entry into a Material Definitive Agreement.
On
The Forbearance Agreement can be terminated by the lenders upon (i) the occurrence of any default or event of default under the Credit Agreement other than those disclosed in the Forbearance Agreement, (ii) any material misrepresentation by Borrower or any other loan party under the Forbearance Agreement or other loan document, (iii) the failure of Borrower or any other loan party to perform, observe or comply with any covenant, agreement or term in the Forbearance Agreement, (iv) the Term Lenders accelerate the Term Debt (as defined in the Forbearance Agreement), (v) commencement of any bankruptcy, insolvency, receivership, or similar proceeding or general assignment for the benefit of creditors with respect to any loan party, (vi) any creditor of the Borrower or any guarantor takes any enforcement action against the Borrower or any guarantor which, in the Administrative Agent's judgment, would materially interfere with the Administrative Agent's ability to collect under the loan documents and (vii) any loan party or any of their affiliates, or principals, initiates any judicial, administrative or arbitration proceeding against the lenders or their affiliates. If the Forbearance Agreement terminates and any then-current and ongoing events of default have not been waived or cured, the lenders will be able to accelerate the loans and pursue their rights and remedies.
The above description of the terms of the Forbearance Agreement does not purport to be complete and is qualified in its entirety by the full text of the Forbearance Agreement, which is attached to this Current Report on Form 8-K as Exhibit 10.1 and is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits Exhibit No. Description 10.1 Forbearance Agreement and Sixth Amendment to Credit Agreement, dated as ofDecember 18, 2020 , amongSundance Energy Inc. , as parent,Sundance Energy, Inc. , as borrower,Toronto Dominion (Texas) LLC , as administrative agent, the loan parties thereto and the lenders party thereto. 104 Cover Page Interactive Data File (formatted in Inline XBRL and contained in Exhibit 101)
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