Common use of Cross Default Under Other Agreements Clause in Contracts

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 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 37,500,000 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 Restricted Subsidiaries shall (i) default in any payment with respect to any Material Indebtedness (other than the Obligations)) owed to any Lender, or having an unpaid principal amount (or Capitalized Lease Obligation, in the case of a Capital Lease, or present value, based on the implicit interest rate, in the case of a Synthetic Lease) of $1,000,000 or greater, 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 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; provided that this clause (ii) shall not apply to secured or any such Indebtedness that becomes due as a result of the saleBorrower or any of its Subsidiaries shall be declared to be due and payable, transfer or shall be required to be prepaid (other disposition (including an Event of Loss) of than by a regularly scheduled required prepayment or redemption, prior to the property or assets securing such Indebtedness so long as such asset sale or transfer is permitted hereunder; stated maturity thereof), or (iii) without limitation of the foregoing clauses, the Borrower or any of its Subsidiaries shall 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)thereto; 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 37,500,00031,875,000 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 Restricted Subsidiaries shall (i) default in Any Credit Party or any Subsidiary shall: (A) fail to make any payment of principal when due with respect to any Material Indebtedness (other than the ObligationsObligations or Indebtedness under any Hedge Agreement), and such default shall continue after the applicable grace periodor cure periods, if any, and the delivery of all required notices specified in the agreement or instrument relating to such Material Indebtedness, or (B) fail to observe or (ii) default in the observance or performance of perform 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 or cure periods applicable to such observance, performance (including the giving of notice, if required) or condition shall have expired), or any other default shall exist, the effect of which default is to cause, or to permit permits the holder or holders of such Material Indebtedness (other than the Obligations or Indebtedness under any Hedge Agreement) (or a trustee or agent on behalf of such holder or holders) to cause cause, any such Material Indebtedness (other than the Obligations or Indebtedness under any Hedge Agreement) to become due prior to its stated maturity; provided that this clause or (ii) shall not apply there occurs under any Hedge Agreement an Early Termination Date (as defined in such Hedge Agreement) resulting from (A) any event of default under such Hedge Agreement as to secured Indebtedness that becomes due which the Borrower or any Subsidiary is the Defaulting Party (as a result of the sale, transfer or other disposition (including an Event of Lossdefined in such Hedge Agreement) of the property or assets securing such Indebtedness so long as such asset sale or transfer is permitted hereunder; or (iiiB) without limitation of the foregoing clauses, default in any payment obligation Termination Event (as so defined) under a Designated Hedge Agreement, and such default shall continue after the applicable grace period, if any, specified in such Designated Hedge Agreement as to which the Borrower or any other agreement or instrument relating thereto and Subsidiary is an Affected Party (as so defined) and, in either event, the amount Hedge Termination Value owed by the Borrower or such Restricted Subsidiary in connection with such Designated Hedge Agreement exceeds the aggregate principal amount of the as a result thereof is greater of (x) than $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)7,500,000; or