Common use of Debt Cross-Default Clause in Contracts

Debt Cross-Default. The Parent Borrower or any Restricted Subsidiary shall (a) default in the payment when due, beyond any grace period permitted from time to time, of any Debt (other than Debt incurred by any Credit Party under this Agreement) heretofore or hereafter issued, assumed, guaranteed, contracted or incurred by it, and the aggregate amount of such Debt equals or exceeds $25,000,000 (or equivalent), (b) default in the performance or observance of any other covenant or provision of any agreement or instrument under or by which any Debt (other than Debt incurred by any Credit Party under this Agreement) is created, evidenced or secured, if the effect of such default pursuant to this clause (b) is to cause, or to permit the holder or holders of such Debt (or a trustee or agent on its or their behalf) to cause, and such holder or holders (or a trustee or agent on its or their behalf) does cause, such Debt to become due prior to its stated maturity, and the aggregate amount of the Debt the maturity of which is so accelerated pursuant to this clause (b) equals or exceeds $25,000,000 (or equivalent), or (c) be required to prepay, repurchase, defease or redeem any Debt (other than (A) Debt incurred by any Credit Party under this Agreement, (B) the redemption of any preferred stock classified as Debt pursuant to any mandatory redemption provision, and (C) any conversion of Debt (including preferred stock classified as Debt) to capital stock pursuant to any conversion right or option) prior to the maturity thereof other than by regularly scheduled principal payments if the aggregate amount of such Debt which is required to be prepaid, repurchased, defeased or redeemed equals or exceeds $25,000,000.

Debt Cross-Default. The Parent Borrower or any Restricted Subsidiary shall (a) default in the payment when due, beyond any grace period permitted from time to time, of any Debt (other than Debt incurred by any Credit Party under this Agreement) heretofore or hereafter issued, assumed, guaranteed, contracted or incurred by it, and the aggregate amount of such Debt equals or exceeds $25,000,000 50,000,000 (or equivalent), (b) default in the performance or observance of any other covenant or provision of any agreement or instrument under or by which any Debt (other than Debt incurred by any Credit Party under this Agreement) is created, evidenced or secured, if the effect of such default pursuant to this clause (b) is to cause, or to permit the holder or holders of such Debt (or a trustee or agent on its or their behalf) to cause, and such holder or holders (or a trustee or agent on its or their behalf) does do cause, such Debt to become due prior to its stated maturity, and the aggregate amount of the Debt the maturity of which is so accelerated pursuant to this clause (b) equals or exceeds $25,000,000 50,000,000 (or equivalent), or (c) be required to prepay, repurchase, defease or redeem any Debt (other than (A) Debt incurred by any Credit Party under this Agreement, (B) the redemption of any preferred stock classified as Debt pursuant to any mandatory redemption provision, Disqualified Equity Interests and (C) any conversion of Debt (including preferred stock classified as DebtDisqualified Equity Interests) to capital stock Equity Interests pursuant to any conversion right or option) prior to the maturity thereof other than by regularly scheduled principal payments if the aggregate amount of such Debt which is required to be prepaid, repurchased, defeased or redeemed equals or exceeds $25,000,00050,000,000.

Debt Cross-Default. The Parent Borrower or any Restricted Subsidiary shall (a) default in the payment when due, beyond any grace period permitted from time to time, of any Debt (other than Debt incurred by any Credit Party under this Agreement) heretofore or hereafter issued, assumed, guaranteed, contracted or incurred by it, and the aggregate amount of such Debt equals or exceeds $25,000,000 (or equivalent), (b) default in the performance or observance of any other covenant or provision of any agreement or instrument under or by which any Debt (other than Debt incurred by any Credit Party under this Agreement) is created, evidenced or secured, if the effect of such default pursuant to this clause (b) is to cause, or to permit the holder or holders of such Debt (or a trustee or agent on its or their behalf) to cause, and such holder or holders (or a trustee or agent on its or their behalf) does do cause, such Debt to become due prior to its stated maturity, and the aggregate amount of the Debt the maturity of which is so accelerated pursuant to this clause (b) equals or exceeds $25,000,000 (or equivalent), or (c) be required to prepay, repurchase, defease or redeem any Debt (other than (A) Debt incurred by any Credit Party under this Agreement, (B) the redemption of any preferred stock classified as Debt pursuant to any mandatory redemption provision, and (C) any conversion of Debt (including preferred stock classified as Debt) to capital stock pursuant to any conversion right or option) prior to the maturity thereof other than by regularly scheduled principal payments if the aggregate amount of such Debt which is required to be prepaid, repurchased, defeased or redeemed equals or exceeds $25,000,000.

Debt Cross-Default. The Parent Borrower or any Restricted Subsidiary shall (a) default in the payment when due, beyond any grace period permitted from time to time, of any Debt (other than Debt incurred by any Credit Party under this Agreement) heretofore or hereafter issued, assumed, guaranteed, contracted or incurred by it, and the aggregate amount of such Debt equals or exceeds $25,000,000 (or equivalent), (b) default in the performance or observance of any other covenant or provision of any agreement or instrument under or by which any Debt (other than Debt incurred by any Credit Party under this Agreement) is created, evidenced or secured, if the effect of such default pursuant to this clause (b) is to cause, or to permit the holder or holders of such Debt (or a trustee or agent on its or their behalf) to cause, and such holder or holders (or a trustee or agent on its or their behalf) trustees does cause, such Debt to become due prior to its stated maturity, and the aggregate amount of the Debt the maturity of which is so accelerated pursuant to this clause (b) equals or exceeds $25,000,000 (or equivalent), or (c) be required to prepay, repurchase, defease or redeem prepay any Debt (other than (A) Debt incurred by any Credit Party under this Agreement, (B) the redemption of any preferred stock classified as Debt pursuant to any mandatory redemption provision, and (C) any conversion of Debt (including preferred stock classified as Debt) to capital stock pursuant to any conversion right or option) prior to the maturity thereof other than by regularly scheduled principal payments if the aggregate amount of such Debt which is required to be prepaid, repurchased, defeased or redeemed prepaid equals or exceeds $25,000,000.

Debt Cross-Default. The Parent Borrower Applicant or any Restricted Subsidiary shall (ai) default in the payment when due, beyond any grace period permitted from time to time, of any Debt (other than Debt incurred by any Credit Party Applicant under this Agreement) heretofore or hereafter issued, assumed, guaranteed, contracted or incurred by it, and the aggregate amount of such Debt equals or exceeds $25,000,000 (or equivalent), (bii) default in the performance or observance of any other covenant or provision of any agreement or instrument under or by which any Debt (other than Debt incurred by any Credit Party Applicant under this Agreement) is created, evidenced or secured, if the effect of such default pursuant to this clause (bii) is to cause, or to permit the holder or holders of such Debt (or a trustee or agent on its or their behalf) to cause, and such holder or holders (or a trustee or agent on its or their behalf) does cause, such Debt to become due prior to its stated maturity, and the aggregate amount of the Debt the maturity of which is so accelerated pursuant to this clause (bii) equals or exceeds $25,000,000 (or equivalent), or (ciii) be required to prepay, repurchase, defease or redeem any Debt (other than (A) Debt incurred by any Credit Party Applicant under this Agreement, (B) the redemption of any preferred stock classified as Debt pursuant to any mandatory redemption provision, and (C) any conversion of Debt (including preferred stock classified as Debt) to capital stock pursuant to any conversion right or option) prior to the maturity thereof other than by regularly scheduled principal payments if the aggregate amount of such Debt which is required to be prepaid, repurchased, defeased or redeemed equals or exceeds $25,000,000.

Debt Cross-Default. The Parent Borrower Any of the Borrowers or any Restricted Subsidiary of their ------------------- Material Subsidiaries shall (ai) default in the payment when due, beyond any grace period permitted from time to time, of any Debt (other than Debt incurred by any Credit Party under this Agreement, the Notes or any Reimbursement Obligation) heretofore or hereafter issued, assumed, guaranteed, contracted or incurred by it, and the aggregate outstanding amount of which Debt is in excess of $20,000,000, beyond the period of grace if any, provided in the instrument or agreement under which such Debt equals was created, or exceeds $25,000,000 (or equivalent), (bii) default in the observance or performance or observance of any other covenant or provision of any agreement or instrument under or by which condition relating to any Debt (other than Debt incurred by any Credit Party under this Agreement) , the Notes or any Reimbursement Obligation), the aggregate outstanding amount of which Debt is createdin excess of $20,000,000 or contained in any instrument or agreement evidencing, evidenced securing or securedrelating thereto or any other event shall occur or condition exist, if the effect of such which default pursuant to this clause (b) or other event or condition is to cause, or to permit the holder or holders of such Debt (or a trustee or agent on its behalf of such holder or their behalfholders) to cause, and such holder or holders (or a trustee or agent on its or their behalf) does causewith the giving of notice if required, any such Debt to become due prior to its stated maturity, maturity (any such notice having been given and any applicable grace period having expired) or (iii) breach any covenant imposed upon such Person any agreement relating to a Permitted Securitization Transaction causing the acceleration of the obligations thereunder or requiring the prepayment of such obligations or termination of such securitization program prior to its stated maturity or term and the aggregate amount of the Debt the maturity of which is so accelerated pursuant to this clause (b) equals Borrower or exceeds $25,000,000 (or equivalent), or (c) be required to prepay, repurchase, defease or redeem any Debt Consolidated Subsidiary (other than (Aany Permitted Securitization Subsidiary) Debt incurred by any Credit Party has liability in excess of $20,000,000 under this Agreement, (B) the redemption of any preferred stock classified as Debt pursuant to any mandatory redemption provision, and (C) any conversion of Debt (including preferred stock classified as Debt) to capital stock pursuant to any conversion right or option) prior to the maturity thereof other than by regularly scheduled principal payments if the aggregate amount of such Debt which is required to be prepaid, repurchased, defeased or redeemed equals or exceeds $25,000,000Permitted Securitization Transaction.

Debt Cross-Default. (i) The Parent Borrower Borrower, any Guarantor, any Special Purpose Entity or any Restricted other Excluded Subsidiary shall fail to pay when due and payable (afollowing the expiration of any applicable cure periods) default in the payment when dueprincipal of, beyond any grace period permitted from time to timeor interest on, of any Debt (other than the Loans) having an aggregate outstanding principal amount (or, in the case of any Hedge Agreement, having an Agreement Value) of $10,000,000 or more ("Material Debt"); or (ii) the maturity of any Material Debt incurred by shall have (x) been accelerated in accordance with the provisions of any Credit Party under this Agreement) heretofore indenture, contract or hereafter issuedinstrument evidencing, assumed, guaranteed, contracted providing for the creation of or incurred by it, and the aggregate amount of otherwise concerning such Debt equals or exceeds $25,000,000 (or equivalent), y) been required to be prepaid prior to the stated maturity thereof; or (biii) default in the performance or observance of any other covenant or provision of event shall have occurred and be continuing which would permit any agreement or instrument under or by which any Debt (other than Debt incurred by any Credit Party under this Agreement) is created, evidenced or secured, if the effect of such default pursuant to this clause (b) is to cause, or to permit the holder or holders of such Debt (or a any Material Debt, any trustee or agent acting on its or their behalf) to cause, and behalf of such holder or holders (or a trustee any other Person, to accelerate the maturity of any such Debt or agent on its or their behalf) does cause, require any such Debt to become due be prepaid prior to its stated maturity. For purposes of this subsection (d) only, and the aggregate amount an obligation of the Debt the maturity of which is so accelerated pursuant a Special Purpose Entity to this clause (b) equals or exceeds $25,000,000 (or equivalent), or (c) be required to prepay, repurchase, defease or redeem any Debt (other than (A) repay Debt incurred by any Credit Party it under a Permitted Financial Asset Sale shall not be considered a Default or Event of Default under this Agreement, subsection so long as at the time of the enforcement of such obligation either (Bx) a Person has issued a valid and binding commitment to acquire the financial assets (or interests therein) the redemption subject of any preferred stock classified as Debt such Permitted Financial Asset Sale pursuant to any mandatory redemption provisionanother Permitted Financial Asset Sale, and (C) any conversion the terms of Debt (including preferred stock classified as Debt) such commitment to capital stock pursuant to any conversion right or option) prior be reasonably satisfactory to the maturity thereof Administrative Agent or (y) the Borrower has made other than by regularly scheduled principal payments if arrangements reasonably satisfactory to the aggregate amount of Administrative Agent to cause such Debt which is required to be prepaid, repurchased, defeased or redeemed equals or exceeds $25,000,000repaid.

Debt Cross-Default. The Parent Borrower (A) 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 Secured Bridge Loan or (B) any portion of the Secured Bridge Loan is declared to be due and payable (or automatically become due and payable) prior to the stated maturity of the Secured Bridge Loan as a result of a Secured Bridge Loan 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 for the Credit Parties and any of their Restricted Subsidiary Subsidiaries in the aggregate beyond any applicable grace period (not to exceed 30 days), if any, provided in the instrument or agreement under which such Indebtedness was created; (iii) any Credit Party shall (a) default in the payment when due, beyond any grace period permitted from time to time, observance or performance of any Debt other agreement or condition relating to any Indebtedness (other than Debt incurred by any Credit Party under this Agreement) heretofore or hereafter issuedthe Loans, assumed, guaranteed, contracted or incurred by it, Reimbursement Obligations and the aggregate Guaranty) in a principal amount outstanding of such Debt equals or exceeds at least $25,000,000 (or equivalent), (b) default 10,000,000 in the performance aggregate for the Credit Parties and their Restricted Subsidiaries or observance of contained in any instrument or agreement evidencing, securing or relating thereto, or any other covenant event shall occur or provision of any agreement or instrument under or by which any Debt (other than Debt incurred by any Credit Party under this Agreement) is createdcondition exist, evidenced or secured, if the effect of such which default pursuant to this clause (b) or other event or condition is to cause, or to permit the holder or holders of such Debt Indebtedness or beneficiary or beneficiaries of such Indebtedness (or a trustee or agent on its behalf of such holder or their behalfholders or beneficiary or beneficiaries) to cause, and such holder or holders (or a trustee or agent on its or their behalf) does causewith the giving of notice if required, such Debt Indebtedness to become due prior to its stated maturity, and the aggregate amount of the Debt the maturity of which is so accelerated pursuant to this clause (b) equals or exceeds $25,000,000 (or equivalent), ; or (civ) be required to prepay, repurchase, defease or redeem any Debt (other than (A) Debt incurred by any Credit Party under this Agreement, (B) the redemption of shall breach or default any preferred stock classified as Debt pursuant to any mandatory redemption provision, Secured Hedging Agreement and (C) any conversion of Debt (including preferred stock classified as Debt) to capital stock pursuant to any conversion right such breach or option) prior to the maturity thereof other than by regularly scheduled principal payments if the aggregate amount of such Debt which is required to be prepaid, repurchased, defeased default shall not have been remedied or redeemed equals or exceeds $25,000,000.waived within 30 days; or

Debt Cross-Default. The Parent Borrower or any Restricted Subsidiary shall (a) default in the payment when due, beyond any grace period permitted from time to time, of any Debt (other than Debt incurred by any Credit Party under this Agreement) heretofore or hereafter issued, assumed, guaranteed, contracted or incurred by it, and the aggregate amount of such Debt equals or exceeds $25,000,000 (or equivalent), (b) default in the performance or observance of any other covenant or provision of any agreement or instrument under or by which any Debt (other than Debt incurred by any Credit Party under this Agreement) is created, evidenced or secured, if the effect of such default pursuant to this clause (b) is to cause, or to permit the holder or holders of such Debt (or a trustee or agent on its or their behalf) to cause, and such holder or holders (or a trustee or agent on its or their behalf) trustees does cause, such Debt to become due prior to its stated maturity, and the aggregate amount of the Debt the maturity of which is so accelerated pursuant to this clause (b) equals or exceeds $25,000,000 (or equivalent), or (c) be required to prepay, repurchase, defease or redeem prepay any Debt (other than (A) Debt incurred by any Credit Party under this Agreement, (B) the redemption of any preferred stock classified as Debt pursuant to any mandatory redemption provision, and (C) any conversion of Debt (including preferred stock classified as Debt) to capital stock pursuant to any conversion right or option) prior to the maturity thereof other than by regularly scheduled principal payments if the aggregate amount of such Debt which is required to be prepaid, repurchased, defeased or redeemed prepaid equals or exceeds $25,000,000.