ACCELERATION OF OTHER DEBT; BREACH OF LEASE. The occurrence of any event such that any Indebtedness of any Loan Party in excess of $1,000,000.00 to any creditor other than the Agent or any Lender could be accelerated (provided, that an event of default under the 12% Subordinated Note (or any Note Purchase Agreement under which such Subordinated Note is issued) caused solely by a breach of a representation or warranty shall not be an Event of Default hereunder) or, without the consent of a Loan Party, Leases with aggregate monthly rents of at least $500,000.00 could be terminated prior to the stated termination date thereof (whether or not the subject creditor or lessor takes any action on account of such occurrence).
ACCELERATION OF OTHER DEBT; BREACH OF LEASE. The occurrence of any event such that any Indebtedness of the Borrower to any creditor other than the Lender could be accelerated or, without the consent of the Borrower, any Lease could be terminated (whether or not the subject creditor or lessor takes any action on account of such occurrence).
ACCELERATION OF OTHER DEBT; BREACH OF LEASE. The occurrence of any event such that any Indebtedness of any Borrower to any creditor other than the Lender is accelerated or, without the consent of such Borrower, any Lease is breached and terminated.
ACCELERATION OF OTHER DEBT; BREACH OF LEASE. (a) The occurrence of any event such that any Indebtedness of any Credit Party in excess of $10,000,000.00 (other than Indebtedness under this Agreement) could be accelerated (whether or not the subject creditor takes any action on account of such occurrence).
(b) The termination of any Lease as the result of a default thereunder, which termination individually or in the aggregate with all other Lease terminations after the date hereof could reasonably be expected to have a Material Adverse Effect.
ACCELERATION OF OTHER DEBT; BREACH OF LEASE. The occurrence of any event such that any Indebtedness of any Loan Party in excess of $5,000,000.00 to any creditor other than the Agent or any Revolving Credit Lender could be accelerated or, without the consent of a Loan Party, Leases with aggregate monthly rents of at least $1,000,000.00 could be terminated prior to the stated termination date thereof (whether or not the subject creditor or lessor takes any action on account of such occurrence).
ACCELERATION OF OTHER DEBT; BREACH OF LEASE. The occurrence of any event such that any Indebtedness in excess of $250,000 of the Borrower to any creditor other than the Agent or any Revolving Credit Lender could be accelerated or, without the consent of the Borrower, any Capital Lease valued in excess of $250,000 or more than Three (3) Leases could be terminated (whether or not the subject creditor or lessor takes any action on account of such occurrence).
ACCELERATION OF OTHER DEBT; BREACH OF LEASE. The occurrence of any event such that (i) any Indebtedness in excess of $1,000,000 in the aggregate of the Borrower to any creditor(s) other than the Lender could be accelerated or (ii) without the consent of the Borrower, ten percent (10%) or more of the Borrower’s store Leases could be terminated (whether or not the subject creditor or lessor takes any action on account of such occurrence); provided, however, that a Lease shall not be included in the calculation of Leases under clause (ii) if the breach of such Lease is caused solely by (x) the occurrence of the IPO or (y) the sale of common stock and warrants (and the issuance of shares of common stock upon exercise thereof) by the Borrower in accordance with the transactions contemplated by that certain purchase agreement substantially in the form of the Purchase Agreement (draft dated March 25, 2005) among the Borrower and the Investors set forth on Schedule I affixed thereto and the related registration rights agreement in substantially the form of the Registration Rights Agreement (draft dated March 25, 2005) among the Borrower, the Investors named in the Purchase Agreement, and Rxxx Xxxx & Co., in each case so long as no rights and/or remedies are being exercised under such Lease by the subject creditor or lessor.”
ACCELERATION OF OTHER DEBT; BREACH OF LEASE. The occurrence of any event such that (i) any Indebtedness in excess of $1,000,000 in the aggregate of the Borrower to any creditor(s) other than the Lender could be accelerated or (ii) without the consent of the Borrower, ten percent (10%) or more of the Borrower’s store Leases could be terminated (whether or not the subject creditor or lessor takes any action on account of such occurrence); provided, however, that a Lease shall not be included in the calculation of Leases under clause (ii) if the breach of such Lease is caused solely by (x) the occurrence of the IPO, (y) the sale of common stock and warrants (and the issuance of shares of common stock upon exercise thereof) by the Borrower in connection with any Stock Sales, in each case so long as no rights and/or remedies are being exercised under such Lease by the subject creditor or lessor.
ACCELERATION OF OTHER DEBT; BREACH OF LEASE. (a) (i) The occurrence of any event such that any Indebtedness under the Term Loan Facility could be accelerated (whether or not any action is taken on account of such occurrence), provided that such event shall cease to be an Event of Default if, at any time prior to the end of the tenth (10th) day after the commencement of a Liquidation, the occurrence of such event has been waived such that it has not caused and could not then cause acceleration under the Term Loan Facility.
ACCELERATION OF OTHER DEBT; BREACH OF LEASE. The occurrence of any event such that any Indebtedness of the Borrowers in excess of $5 Million ($5,000,000.00) to any creditor other than 133
