Cross Default Under Other Agreements the Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Material Indebtedness (other than the Obligations), and such default shall continue after the applicable grace period, if any, specified in the agreement or instrument relating to such Material Indebtedness, or (ii) default in the observance or performance of any agreement or condition relating to any such Material Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto (and all grace periods applicable to such observance, performance or condition shall have expired), or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Material Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause any such Material Indebtedness to become due prior to its stated maturity; or any such Material Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepayment or redemption, prior to the stated maturity thereof); or (iii) without limitation of the foregoing clauses, default in any payment obligation under a Designated Hedge Agreement, and such default shall continue after the applicable grace period, if any, specified in such Designated Hedge Agreement or any other agreement or instrument relating thereto; or
Cross Default Under Other Agreements the Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations), and all grace periods applicable to such payment shall have expired, in an aggregate amount in excess of $10,000,000, regardless of whether the holder or holders of said Indebtedness (or a trustee or agent on behalf of such holder or holders) exercises its rights, if any, to cause such Indebtedness to become due and payable prior to its stated maturity; or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto (and all grace periods applicable to such observance, performance or condition shall have expired), or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause any such Indebtedness to become due prior to its stated maturity, or any such Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepayment or redemption, prior to the stated maturity thereof); provided, however, that, in the case of any default under any such agreement relating to any such Indebtedness in excess of $10,000,000 that has occurred as a result of the failure of the Borrower to deliver its audited annual financial statements for the fiscal year ended December 31, 2003, such default shall not constitute an Event of Default under this subpart (e) until the expiration of any applicable grace periods under such agreement governing such Indebtedness in excess of $10,000,000.
Cross Default Under Other Agreements the Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Debt or other financial obligation (other than the Loans) owed to the Lender or any of its Affiliates, or any Debt having an unpaid principal amount of $1,000,000 or greater, and such default shall continue after the applicable grace period, if any, specified in any agreement or instrument relating thereto, or (ii) default in the observance or performance of any covenant or condition contained in any such agreement or instrument (and all grace periods applicable to such observance, performance or condition shall have expired), or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Debt or other financial obligations (or a trustee or agent on behalf of such holder or holders) to cause any such Debt or other financial obligations to become due prior to its stated maturity; or any such Debt or other financial obligation shall be declared to be due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepayment or redemption, prior to the stated maturity thereof); or
Cross Default Under Other Agreements the Borrower or any of its Restricted Subsidiaries shall (i) default in any payment with respect to any Material Indebtedness (other than the Obligations), and such default shall continue after the applicable grace period, if any, and the delivery of all required notices specified in the agreement or instrument relating to such Material Indebtedness, or (ii) default in the observance or performance of any agreement or condition relating to any such Material Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto (and all grace periods applicable to such observance, performance or condition shall have expired), or any other default shall exist, the effect of which default is to cause, or to permit the holder or holders of such Material Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause any such Material Indebtedness to become due prior to its stated maturity; provided that this clause (ii) shall not apply to secured Indebtedness that becomes due as a result of the sale, transfer or other disposition (including an Event of Loss) of the property or assets securing such Indebtedness so long as such asset sale or transfer is permitted hereunder; or (iii) without limitation of the foregoing clauses, default in any payment obligation under a Designated Hedge Agreement, and such default shall continue after the applicable grace period, if any, specified in such Designated Hedge Agreement or any other agreement or instrument relating thereto and the amount owed by the Borrower or such Restricted Subsidiary in connection with such Designated Hedge Agreement exceeds the aggregate principal amount of the greater of (x) $31,875,000 and (y) 30% of Consolidated EBITDA for the most recently ended Testing Period for which financial statements have been delivered (or the Dollar Equivalent thereof); or
Cross Default Under Other Agreements the Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations), and all grace periods applicable to such payment shall have expired, in an aggregate amount in excess of $10,000,000, regardless of whether the holder or holders of said Indebtedness (or a trustee or agent on behalf of such holder or holders) exercises its rights, if any, to cause such Indebtedness to become due and payable prior to its stated maturity; or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto (and all grace periods applicable to such observance, performance or condition shall have expired), or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause any such Indebtedness to become due prior to its stated maturity, or any such Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepayment or redemption, prior to the stated maturity thereof) . and for any reason other than as expressly permitted hereunder or under such Credit Document or satisfaction in full of all the Obligations, ceases to be in full force and effect; or the Borrower or any other Person (other than the Administrative Agent or any Lender) contests in any manner the validity or enforceability of any provision of any Credit Document; or the Borrower denies in writing that it has any or further liability or obligation under any Credit Document, or purports to revoke, terminate or rescind any Credit Document;
Cross Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (A) default in the observance or performance of any obligation under Section 8.10 of the Joint Venture Partnership Agreement, or (B) default in the observance or performance of any obligation under the Joint Venture Partnership Agreement or any other default by the Joint Venture GP or the Joint Venture LP under the Joint Venture Partnership Agreement shall have occurred and be continuing and the Joint Venture GP or the Joint Venture LP shall have received notice of such default from any other owner of an Equity Interest in the Joint Venture or any other Person able to enforce a default pursuant to the Joint Venture Partnership Agreement or any such owner of an Equity Interest or such other Person either shall commence enforcement of its rights regarding such a default or shall take any other similar action with respect to such default; provided that, in the case of a default under subsection (B), if the Joint Venture GP and/or the Joint Venture LP shall not have lost, forfeited or been subject to any impairment, suspension or diminution of any right: to receive any distribution, to vote, to appoint and/or remove directors, to request or receive any information or account of the affairs of the Joint Venture, to transfer interests in the Joint Venture, to manage and control the business and affairs of the Joint Venture, to make all decisions affecting the business and affairs of the Joint Venture and to take all such actions as it deems necessary or appropriate to accomplish the purposes of the Joint Venture, or any other rights under the Joint Venture Partnership Agreement, then the Borrower and its Subsidiaries shall have thirty (30) days following receipt of notice from any other owner of Equity Interests in the Joint Venture or any other Person able to enforce a default pursuant to the Joint Venture Partnership Agreement of the asserted default in which to cure such default after which, such default shall constitute an Event of Default hereunder; (ii) the Joint Venture shall default in the due observance or performance of any of its obligations under the Master Framework Agreement; provided, such default shall not constitute an Event of Default hereunder until 120 days after the occurrence thereof to the extent (A) such default is subject to cure, (B) the Joint Venture has commenced and is diligently using and continuing to use its best efforts to cure such default and (C) TXU ED has not asserted that the...
Cross Default Under Other Agreements the Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) having an unpaid principal amount or Capitalized Lease Obligation of $250,000 or greater, and such default shall continue after the applicable grace period, if any, specified in the agreement or instrument relating to such Indebtedness, or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto (and all grace periods applicable to such observance, performance or condition shall have expired), or any other event shall occur or condition exist, the effect of which default or other event or
Cross Default Under Other Agreements the Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) owed to any Lender, or having an unpaid principal amount of $2,000,000 or greater, and such default shall continue after the applicable grace period, if any, specified in the agreement or instrument relating to such Indebtedness, or (ii) default in the
