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.
Appears in 2 contracts
Samples: Credit Agreement (DPL Inc), Credit Agreement (DPL Inc)
Cross Default Under Other Agreements. the a Borrower or any of its Subsidiaries shall (i) permit the occurrence of an “event of default” (or equivalent event or condition otherwise named) under a Specified Hedge Agreement or otherwise shall default in the observance or performance of any agreement or condition under a Specified Hedge Agreement (and all grace periods, if any, applicable to such observance, performance or condition shall have expired), the effect of which “event of default” or other default is to cause or to permit the Lender or Affiliate thereof that is a party to such Specified Hedge Agreement to require an early termination thereof, (ii) default in any payment with respect to any Indebtedness (other than the Obligations)) in excess, in the aggregate, of $10,000,000 owed to any Lender or any of their Affiliates, or to any other person, and all such default shall continue after the applicable grace periods applicable period, if any, specified in the agreement or instrument relating to such payment shall have expiredIndebtedness in excess, in an aggregate amount in excess the aggregate, 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 (iiiii) default in the observance or performance of any agreement or condition relating to any such Indebtedness in excess, in the aggregate, of $10,000,000 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 circumstance shall exist, the effect of which default or other event or condition circumstance is to cause, or to permit the holder or holders of such Indebtedness in excess, in the aggregate, of $10,000,000 (or a trustee or agent on behalf of such holder or holders) to cause any such Indebtedness in excess, in the aggregate, of $10,000,000 to become due prior to its stated maturity, ; or any such Indebtedness in excess, in the aggregate, of the $10,000,000 of a 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.or
Appears in 2 contracts
Samples: Credit Agreement (Genlyte Group Inc), Credit Agreement (Genlyte Group Inc)
Cross Default Under Other Agreements. the Borrower a Borrower, GTG Intangible or any of its their respective Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations)) in excess, in the aggregate, of $10,000,000 owed to any Lender or any of their Affiliates, or to any other person, and all such default shall continue after the applicable grace periods applicable period, if any, specified in the agreement or instrument relating to such payment shall have expiredIndebtedness in excess, in an aggregate amount in excess the aggregate, 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 in excess, in the aggregate, of $10,000,000 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 circumstance shall exist, the effect of which default or other event or condition circumstance is to cause, or to permit the holder or holders of such Indebtedness in excess, in the aggregate, of $10,000,000 (or a trustee or agent on behalf of such holder or holders) to cause any such Indebtedness in excess, in the aggregate, of $10,000,000 to become due prior to its stated maturity, ; or any such Indebtedness in excess, in the aggregate, of the Borrower $10,000,000 of a Borrower, GTG Intangible or any of its their respective 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.or
Appears in 1 contract
Samples: Credit Agreement (Genlyte Group Inc)