Common use of Debt Cross-Default Clause in Contracts

Debt Cross-Default. (i) Any Credit Party shall default in any payment of principal of or interest on any Indebtedness (other than the Loans, Reimbursement Obligations and the Guaranty) in a principal amount outstanding of at least $10,000,000 for the Credit Parties and any of their Restricted Subsidiaries in the aggregate beyond any applicable grace period (not to exceed thirty (30) days), if any, provided in the instrument or agreement under which such Indebtedness was created; (ii) any Credit Party shall default in the observance or performance of any other agreement or condition relating to any Indebtedness (other than the Loans, Reimbursement Obligations and the Guaranty) in a principal amount outstanding of at least $10,000,000 in the aggregate for the Credit Parties and their Restricted Subsidiaries or contained in any instrument or agreement evidencing, securing or relating thereto, 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 beneficiary or beneficiaries of such Indebtedness (or a trustee or agent on behalf of such holder or holders or beneficiary or beneficiaries) to cause, with the giving of notice if required, such Indebtedness to become due prior to its stated maturity; or (iii) any Credit Party shall breach or default any Secured Hedging Agreement and such breach or default shall not have been remedied or waived within thirty (30) days; provided that any default by a Credit Party of any such Indebtedness shall only constitute an Event of Default with respect to the Revolving Facility and shall not constitute an Event of Default with respect to the Term Loan unless the Required Revolving Lenders or the Administrative Agent on behalf of the Required Revolving Lenders exercise any remedy pursuant to the terms of Section 7.2 as a result of such default and/or such Indebtedness becomes due prior to its stated maturity as a result of such default; or

Debt Cross-Default. The Company shall (i) Any Credit Party shall be in default in any the payment of principal of or interest on any Indebtedness (as defined below) due to any party other than the LoansPurchasers, Reimbursement Obligations and the Guaranty) in a principal amount outstanding of at least $10,000,000 for the Credit Parties and any of their Restricted Subsidiaries in the aggregate outstanding amount of which Indebtedness is in excess of $1,000,000, beyond any applicable grace the period (not to exceed thirty (30) days)of grace, if any, provided in the instrument or agreement under which such Indebtedness was created; , or (ii) any Credit Party shall default in the observance or performance of any other agreement or condition relating to any Indebtedness (other than the LoansIndebtedness referred to in clause (i) above), Reimbursement Obligations and the Guaranty) in a principal amount outstanding of at least $10,000,000 in the aggregate for the Credit Parties and their Restricted Subsidiaries outstanding amount of which other Indebtedness is in excess of $1,000,000 or contained in any instrument or agreement evidencing, securing or relating thereto, thereto or any other default or 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 beneficiary or beneficiaries of such other Indebtedness (or a trustee or agent on behalf of such holder or holders or beneficiary or beneficiariesholders) to cause, with the giving of notice if required, any such other Indebtedness to become due prior to its stated maturitymaturity (any applicable grace period having expired). "Indebtedness," as applied to the Company, means without duplication: (a) all items (except items of capital stock, surplus or undivided profits) which in accordance with GAAP would be included in determining total liabilities as shown on the liability side of a balance sheet of the Company as at the date as of which Indebtedness is to be determined; (b) to the extent not included in the foregoing, all indebtedness, obligations, and liabilities secured by any mortgage, pledge, lien, conditional sale or (iii) other title retention agreement or other security interest to which any Credit Party property or asset owned or held by the Company is subject, whether or not the indebtedness, obligations or liabilities secured thereby shall breach or default any Secured Hedging Agreement and such breach or default shall not have been remedied or waived within thirty assumed by the Company; and (30c) days; provided that any default by a Credit Party of any such Indebtedness shall only constitute an Event of Default with respect to the Revolving Facility extent not included in the foregoing, all indebtedness, obligations and shall not constitute an Event liabilities of Default others which the Company has directly or indirectly guaranteed, endorsed (other than for collection or deposit in the ordinary course of business), sold with recourse, or agreed (contingently or otherwise) to purchase or repurchase or otherwise acquire or in respect of which the Company has agreed to the Term Loan unless the Required Revolving Lenders supply or the Administrative Agent on behalf advance funds (whether by way of the Required Revolving Lenders exercise any remedy pursuant loan, stock purchase, capital contribution or otherwise) or otherwise to the terms of Section 7.2 as a result of such default and/or such Indebtedness becomes due prior to its stated maturity as a result of such default; orbecome directly or indirectly liable.

Debt Cross-Default. (i) Any Credit Party shall default in any payment of principal of or interest on any Indebtedness (other than the Loans, Reimbursement Obligations Loan and the Guaranty) in a principal amount outstanding of at least $10,000,000 for the Credit Parties and any of their Restricted Subsidiaries in the aggregate beyond any applicable grace period (not to exceed thirty (30) 30 days), if any, provided in the instrument or agreement under which such Indebtedness was created; (ii) any Credit Party shall default in the observance or performance of any other agreement or condition relating to any Indebtedness (other than the Loans, Reimbursement Obligations Loans and the Guaranty) in a principal amount outstanding of at least $10,000,000 in the aggregate for the Credit Parties and their Restricted Subsidiaries or contained in any instrument or agreement evidencing, securing or relating thereto, 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 beneficiary or beneficiaries of such Indebtedness (or a trustee or agent on behalf of such holder or holders or beneficiary or beneficiaries) to cause, with the giving of notice if required, such Indebtedness to become due prior to its stated maturity; or (iii) any Credit Party shall breach or default any Secured Hedging Agreement and such breach or default shall not have been remedied or waived within thirty (30) 30 days; provided that or (iv) any default by a Credit Party of any such Indebtedness shall only constitute an Event of Default (as defined in the Opco Credit Agreement) shall have occurred under the Opco Credit Agreement with respect to any obligations thereunder (other than with respect to any Event of Default under the Opco Credit Agreement that applies solely to the Revolving Facility and shall not constitute an Event of Default with respect to (as defined in the Term Loan unless the Required Revolving Lenders or the Administrative Agent on behalf of the Required Revolving Lenders exercise any remedy pursuant to the terms of Section 7.2 as a result of such default and/or such Indebtedness becomes due prior to its stated maturity as a result of such defaultOpco Credit Agreement)); or

Debt Cross-Default. (i) Any Credit Party shall default in any payment of principal of or interest on any Indebtedness (other than the Loans, Reimbursement Obligations Obligations, and the GuarantyGuaranty and the Secured Hedging Agreement) in a principal amount outstanding of at least $10,000,000 for the Credit Parties and any of their Restricted Subsidiaries in the aggregate beyond any applicable grace period (not to exceed thirty (30) days), if any, provided in the instrument or agreement under which such Indebtedness was created; or (ii) any Credit Party shall default in the observance or performance of any other agreement or condition relating to any Indebtedness (other than the Loans, Reimbursement Obligations Obligations, and the GuarantyGuaranty and the Secured Hedging Agreement) in a principal amount outstanding of at least $10,000,000 in the aggregate for the Credit Parties and their Restricted Subsidiaries or contained in any instrument or agreement evidencing, securing or relating thereto, 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 beneficiary or beneficiaries of such Indebtedness (or a trustee or agent on behalf of such holder or holders or beneficiary or beneficiaries) to cause, with the giving of notice if required, such Indebtedness to become due prior to its stated maturity; or (iii) any Credit Party shall breach or default any Secured Hedging Agreement and such breach or default shall not have been remedied or waived within thirty (30) days; provided that any default by a Credit Party of any such Indebtedness shall only constitute an Event of Default with respect to the Revolving Facility and shall not constitute an Event of Default with respect to the Term Loan unless the Required Revolving Lenders or the Administrative Agent on behalf of the Required Revolving Lenders exercise any remedy pursuant to the terms of Section 7.2 as a result of such default and/or such Indebtedness becomes due prior to its stated maturity as a result of such default; or” Section 7.1 (e) of the Credit Agreement is hereby amended (per Section 9.1 of the Credit Agreement) as follows:

Debt Cross-Default. (iA) Any Credit Party shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand, or otherwise, but after the expiration of any applicable grace period) in respect of the First Lien Credit Agreement or any other First Lien Event of Default shall have occurred and remain continuing forty-five (45) days after the First Lien Administrative Agent received notice thereof or (B) any portion of the First Lien Credit Agreement is declared to be due and payable (or automatically becomes due and payable) prior to the stated maturity of the First Lien Credit Agreement as a result of a First Lien Event of Default; (ii) any Credit Party shall default in any payment of principal of or interest on any Indebtedness (other than the LoansTerm Loan, Reimbursement Obligations the Guaranty and the GuarantyFirst Lien Obligations) in a principal amount outstanding of at least $10,000,000 1,500,000 for the Credit Parties Borrower and any of their Restricted its Subsidiaries in the aggregate beyond any applicable grace period (not to exceed thirty (30) 30 days), if any, provided in the instrument or agreement under which such Indebtedness was created; (iiiii) any Credit Party shall default in the observance or performance of any other agreement or condition relating to any Indebtedness (other than the LoansTerm Loan, Reimbursement Obligations the Guaranty and the GuarantyFirst Lien Obligations) in a principal amount outstanding of at least $10,000,000 1,500,000 in the aggregate for the Credit Parties and their Restricted Subsidiaries or contained in any instrument or agreement evidencing, securing or relating thereto, 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 beneficiary or beneficiaries of such Indebtedness (or a trustee or agent on behalf of such holder or holders or beneficiary or beneficiaries) to cause, with the giving of notice if required, cause such Indebtedness to become due prior to its stated maturity; (iv) the First Lien Administrative Agent, on behalf of the First Lien Lenders, exercises any of the remedies pursuant to Section 7.2 of the First Lien Credit Agreement with respect to any First Lien Event of Default; or (iiiv) any Credit Party shall breach or default any Secured Hedging Agreement and such breach or default shall not have been remedied or waived within thirty (30) days; provided that any default by a Credit Party of any such Indebtedness shall only constitute an Event of Default with respect to the Revolving Facility and shall not constitute an Event of Default with respect to the Term Loan unless the Required Revolving Lenders or the Administrative Agent on behalf of the Required Revolving Lenders exercise any remedy pursuant to the terms of Section 7.2 as a result of such default and/or such Indebtedness becomes due prior to its stated maturity as a result of such defaultAgreement; or

Debt Cross-Default. (iA) Any Credit Party shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand, or otherwise, but after the expiration of any applicable grace period) in respect of the Second Lien Term Loan or (B) any portion of the Second Lien Term Loan is declared to be due and payable (or automatically become due and payable) prior to the stated maturity of the Second Lien Term Loan as a result of a Second Lien Event of Default; (ii) any Credit Party shall default in any payment of principal of or interest on any Indebtedness (other than the Loans, Reimbursement Obligations and the Guaranty) in a principal amount outstanding of at least $10,000,000 1,000,000 for the Credit Parties Borrower and any of their Restricted its Subsidiaries in the aggregate beyond any applicable grace period (not to exceed thirty (30) 30 days), if any, provided in the instrument or agreement under which such Indebtedness was created; (iiiii) any Credit Party shall default in the observance or performance of any other agreement or condition relating to any Indebtedness (other than the Loans, Reimbursement Obligations and the Guaranty) in a principal amount outstanding of at least $10,000,000 1,000,000 in the aggregate for the Credit Parties and their Restricted Subsidiaries or contained in any instrument or agreement evidencing, securing or relating thereto, 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 beneficiary or beneficiaries of such Indebtedness (or a trustee or agent on behalf of such holder or holders or beneficiary or beneficiaries) to cause, with the giving of notice if required, such Indebtedness to become due prior to its stated maturity; or (iiiiv) any Credit Party shall breach or default any Secured Hedging Agreement and such breach or default shall not have been remedied or waived within thirty (30) days; provided that any default by a Credit Party of any such Indebtedness shall only constitute an Event of Default with respect to the Revolving Facility and shall not constitute an Event of Default with respect to the Term Loan unless the Required Revolving Lenders or the Administrative Agent on behalf of the Required Revolving Lenders exercise any remedy pursuant to the terms of Section 7.2 as a result of such default and/or such Indebtedness becomes due prior to its stated maturity as a result of such defaultAgreement; or

Debt Cross-Default. (iA) Any Credit Party shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand, or otherwise, but after the expiration of any applicable grace period) in respect of the First Lien Credit Agreement or any other First Lien Event of Default shall have occurred and remain continuing for sixty (60) days after the First Lien Administrative Agent received notice thereof or (B) any portion of the First Lien Credit Agreement is declared to be due and payable (or automatically becomes due and payable) prior to the stated maturity of the First Lien Credit Agreement as a result of a First Lien Event of Default; (ii) any Credit Party shall default in any payment of principal of or interest on any Indebtedness (other than the Term Loans, Reimbursement Obligations the Guaranty and the GuarantyFirst Lien Obligations) in a principal amount outstanding of at least $10,000,000 11,500,000 for the Credit Parties and any of their Restricted Subsidiaries in the aggregate beyond any applicable grace period (not to exceed thirty (30) 30 days), if any, provided in the instrument or agreement under which such Indebtedness was created; (iiiii) any Credit Party shall default in the observance or performance of any other agreement or condition relating to any Indebtedness (other than the Term Loans, Reimbursement Obligations the Guaranty and the GuarantyFirst Lien Obligations) in a principal amount outstanding of at least $10,000,000 11,500,000 in the aggregate for the Credit Parties and their Restricted Subsidiaries or contained in any instrument or agreement evidencing, securing or relating thereto, 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 beneficiary or beneficiaries of such Indebtedness (or a trustee or agent on behalf of such holder or holders or beneficiary or beneficiaries) to cause, with the giving of notice if required, cause such Indebtedness to become due prior to its stated maturity; or (iiiiv) any Credit Party shall breach or default any Secured Hedging Agreement and such breach or default shall not have been remedied or waived within thirty (30) 30 days; provided that any default by a Credit Party of any such Indebtedness shall only constitute an Event of Default with respect to or (v) the Revolving Facility and shall not constitute an Event of Default with respect to the Term Loan unless the Required Revolving Lenders or the First Lien Administrative Agent Agent, on behalf of the Required Revolving Lenders exercise First Lien Lenders, exercises any remedy of the remedies pursuant to the terms of Section 7.2 as a result of such default and/or such Indebtedness becomes due prior the First Lien Credit Agreement with respect to its stated maturity as a result any First Lien Event of such default; orDefault.

Debt Cross-Default. (i) Any Credit Party shall default in any payment of principal of or interest on any Indebtedness (other than the Loans, Reimbursement Obligations and the Guaranty) in a principal amount outstanding of at least $10,000,000 for the Credit Parties and any of their Restricted Subsidiaries in the aggregate beyond any applicable grace period (not to exceed thirty (30) 30 days), if any, provided in the instrument or agreement under which such Indebtedness was created; (ii) any Credit Party shall default in the observance or performance of any other agreement or condition relating to any Indebtedness (other than the Loans, Reimbursement Obligations and the Guaranty) in a principal amount outstanding of at least $10,000,000 in the aggregate for the Credit Parties and their Restricted Subsidiaries or contained in any instrument or agreement evidencing, securing or relating thereto, 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 beneficiary or beneficiaries of such Indebtedness (or a trustee or agent on behalf of such holder or holders or beneficiary or beneficiaries) to cause, with the giving of notice if required, such Indebtedness to become due prior to its stated maturity; or (iii) any Credit Party shall breach or default any Secured Hedging Agreement and such breach or default shall not have been remedied or waived within thirty (30) 30 days; provided that any default by a Credit Party of any such Indebtedness shall only constitute an Event of Default with respect to the Revolving Facility and shall not constitute an Event of Default with respect to the Term Loan unless the Required Revolving Lenders or the Administrative Agent on behalf of the Required Revolving Lenders exercise any remedy pursuant to the terms of Section 7.2 as a result of such default and/or such Indebtedness becomes due prior to its stated maturity as a result of such default; or