Common use of Additional Events of Default Clause in Contracts

Additional Events of Default. In addition to the “Events of Default” provided for in Section 6.01 of the Indenture, the following shall also constitute “Events of Default” with respect to the Notes as contemplated by Section 6.01(a)(6) of the Indenture: (i) a default occurs under any instrument (including the Indenture) under which there is at the time outstanding, or by which there may be secured or evidenced, any indebtedness of the Company for money borrowed by the Company (other than non-recourse indebtedness) which results in acceleration (whether by declaration or automatically) of, or the non payment at maturity (after giving effect to any applicable grace period) of, such indebtedness in an aggregate amount exceeding 2% of Consolidated Assets, in which case the Company shall immediately give notice to the Trustee of such acceleration or non-payment and (ii) there shall have been a failure to cure such default or to discharge all such defaulted indebtedness within ten days after notice thereof to the Company by the Trustee or to the Company and the Trustee by the holders of at least 33% in principal amount of the Notes then Outstanding (excluding, if such defaulted indebtedness includes the Notes, such Notes) and such acceleration shall not be rescinded or annulled; provided, however, that it shall not constitute an Event of Default under the Indenture as long as the Company is contesting any such default or acceleration in good faith and by appropriate proceedings.

Additional Events of Default. In For purposes of this Supplemental Indenture and the Notes, in addition to the “Events of Default” provided for Default set forth in Section 6.01 501 of the Indenture, the following it shall also constitute “Events an "Event of Default” " if an event of default under any bond, debenture, note or other evidence of indebtedness of the Company (including an event of default with respect to the Notes as contemplated by Section 6.01(a)(6) any other series of securities), or under any mortgage, indenture or other instrument of the Indenture: (i) a default occurs under any instrument (including the Indenture) Company under which there is at the time outstanding, may be issued or by which there may be secured or evidenced, evidenced any indebtedness of the Company for money borrowed (or by any Subsidiary, the repayment of which the Company (other than non-recourse indebtedness) has guaranteed or for which results in acceleration (the Company is directly responsible or liable as obligor or guarantor), whether by declaration or automatically) of, or the non payment at maturity (after giving effect to any applicable grace period) of, such indebtedness now exists or shall hereafter be created, shall happen and shall result in an aggregate principal amount exceeding 2% of Consolidated Assets, in which case the Company shall immediately give notice $20,000,000 becoming or being declared due and payable prior to the Trustee of date on which it would otherwise have become due and payable, without such indebtedness having been discharged, or such acceleration having been rescinded or non-payment and (ii) annulled, within a period of ten days after there shall have been a failure to cure such default given, by registered or to discharge all such defaulted indebtedness within ten days after notice thereof certified mail, to the Company by the Trustee or to the Company and the Trustee by the holders of at least 3325% in principal amount of the Notes then Outstanding (excluding, if such defaulted indebtedness includes the outstanding Notes, a written notice specifying such Notes) default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration shall not to be rescinded or annulled; provided, however, annulled and stating that it shall not constitute an Event such notice is a "Notice of Default under the Indenture as long as the Company is contesting any such default or acceleration in good faith and by appropriate proceedingsDefault" hereunder.

Additional Events of Default. In addition to the “"Events of Default” " provided for in Section 6.01 of the Indenture, the following shall also constitute “"Events of Default” " with respect to the Notes as contemplated by Section 6.01(a)(6) of the Indenture: (i) a default occurs under any instrument (including the this Indenture) under which there is at the time outstanding, or by which there may be secured or evidenced, any indebtedness of the Company for money borrowed by the Company (other than non-recourse indebtedness) which results in acceleration (whether by declaration or automatically) of, or the non payment at maturity (after giving effect to any applicable grace period) of, such indebtedness in an aggregate amount exceeding 2% of Consolidated Assets, in which case the Company shall immediately give notice to the Trustee of such acceleration or non-payment and (ii) there shall have been a failure to cure such default or to discharge all such defaulted indebtedness within ten days after notice thereof to the Company by the Trustee or to the Company and the Trustee by the holders Holders of at least 3325% in principal amount of the Notes then Outstanding (excluding, if such defaulted indebtedness includes the Notes, such Notes) and such acceleration shall not be rescinded or annulled; provided, however, that it shall not constitute an Event of Default under the Indenture hereunder as long as the Company is contesting any such default or acceleration in good faith and by appropriate proceedings.

Additional Events of Default. In addition to the “Events of Default” provided for in Section 6.01 of the Indenture, the following shall also constitute “Events of Default” with respect to the Notes as contemplated by Section 6.01(a)(6) of the Indenture: (i) a default occurs under any instrument (including the this Indenture) under which there is at the time outstanding, or by which there may be secured or evidenced, any indebtedness of the Company for money borrowed by the Company (other than non-recourse indebtedness) which results in acceleration (whether by declaration or automatically) of, or the non payment at maturity (after giving effect to any applicable grace period) of, such indebtedness in an aggregate amount exceeding 2% of Consolidated Assets, in which case the Company shall immediately give notice to the Trustee of such acceleration or non-payment and (ii) there shall have been a failure to cure such default or to discharge all such defaulted indebtedness within ten days after notice thereof to the Company by the Trustee or to the Company and the Trustee by the holders Holders of at least 33% in principal amount of the Notes then Outstanding (excluding, if such defaulted indebtedness includes the Notes, such Notes) and such acceleration shall not be rescinded or annulled; provided, however, that it shall not constitute an Event of Default under the Indenture hereunder as long as the Company is contesting any such default or acceleration in good faith and by appropriate proceedings.

Additional Events of Default. In addition to the “events listed as Events of Default” provided for Default in Section 6.01 5.01 of the Base Indenture, the following shall also constitute “be additional Events of Default” Default with respect to the Notes as contemplated by Section 6.01(a)(6) of the IndentureSubordinated Notes: (ia) subject to the Company’s right to defer payments of interest under Section 2.06 hereunder, the Company fails to pay interest on the Subordinated Notes for thirty days past the applicable due date, (b) the Company fails to pay the principal amount of, or premium, if any, on, the Subordinated Notes when due (whether at the Maturity Date, as a default occurs under result of a Put Right or otherwise), (c) the Company fails to observe or perform any instrument (including other covenant or agreement in the Indenture, which continues for 60 days after written notice from the Trustee or holders of at least 25% of the outstanding principal amount of the Subordinated Notes as provided in the Indenture or (d) under which there is at the time outstanding, occurs with respect to any issue or by which there may be secured or evidenced, any issues of indebtedness of the Company for money borrowed by or any Significant Subsidiary of the Company having an outstanding principal amount of $20 million or more in the aggregate for all such issues of all such persons, (other than non-recourse indebtednessi) which results in acceleration (whether by declaration or automatically) of, or an event of default that has caused the non payment at maturity (after giving effect holder thereof to any applicable grace period) of, declare such indebtedness to be due and payable prior to its stated maturity and such indebtedness has not been discharged in an aggregate amount exceeding 2% of Consolidated Assets, in which case the Company shall immediately give notice to the Trustee full or such acceleration has not been rescinded or annulled within 45 days of such acceleration or non-payment and (ii) there the failure to make a principal payment at the final (but not any interim) fixed maturity and such defaulted payment shall not have been a failure to cure such default made, waived or to discharge all such defaulted indebtedness within ten days after notice thereof to the Company by the Trustee or to the Company and the Trustee by the holders of at least 33% in principal amount of the Notes then Outstanding (excluding, if such defaulted indebtedness includes the Notes, such Notes) and such acceleration shall not be rescinded or annulled; provided, however, that it shall not constitute an Event of Default under the Indenture as long as the Company is contesting any such default or acceleration in good faith and by appropriate proceedingsextended.

Additional Events of Default. In addition to the “Events of Default” provided for in Section 6.01 of the Indenture, the following shall also constitute “Events of Default” with respect to the Notes as contemplated by Section 6.01(a)(6) of the Indenture: (i) a default occurs under any instrument (including the Indenture) under which there is at the time outstanding, or by which there may be secured or evidenced, any indebtedness of the Company for money borrowed by the Company (other than non-recourse indebtedness) which results in acceleration (whether by declaration or automatically) of, or the non payment at maturity (after giving effect to any applicable grace period) of, such indebtedness in an aggregate amount exceeding 2% of Consolidated Assets, in which case the Company shall immediately give notice to the Trustee of such acceleration or non-payment and (ii) there shall have been a failure to cure such default or to discharge all such defaulted indebtedness within ten days after notice thereof to the Company by the Trustee or to the Company and the Trustee by the holders of at least 33% in principal amount of the Notes then Outstanding (excluding, if such defaulted indebtedness includes the Notes, such Notes) and such acceleration shall not be rescinded or annulled; provided, however, that it shall not constitute an Event of Default under the Indenture as long as the Company is contesting any such default or acceleration in good faith and by appropriate proceedings.. ARTICLE FIVE MISCELLANEOUS PROVISIONS