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 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. (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).
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 any Indebtedness in excess of $100,000.00 of the Borrower to any creditor other than the Lender could be accelerated, or, without the consent of the Borrower, any material 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, subject to any applicable cure or grace periods, such that any material Indebtedness of any Borrower to any creditor other than the Lender could be accelerated or, without the consent of any 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 Loan Party in excess of $5,000,000.00 to any creditor other than the Agent or any Term 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 (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 and continuance of any event of default or other event, which with the giving of notice, the passage of time or both, would be an event of default under (i) the Senior Non-Convertible Facility or (ii) any other Indebtedness of any Loan Party equal to or in excess of One Million Dollars ($1,000,000.00) to any creditor other than the Agent or any Revolving Credit Lender, (whether or not such Indebtedness has been accelerated), or, Leases aggregating more than five percent (5%) of all Leases of the Loan Parties existing from time to time could be terminated due to a default by a Loan Party thereunder (whether or not the subject creditor or lessor takes any action on account of such occurrence).
