Common use of Debt Cross-Default Clause in Contracts

Debt Cross-Default. Any of the Credit Parties or any of their Subsidiaries shall (i) default in the payment of any Debt (other than the Revolving Credit Loans or any Reimbursement Obligation) the aggregate outstanding amount of which Debt is in excess of $35,000,000, including, without limitation, the obligations under the Five-Year Credit Agreement, beyond the period of grace if any, provided in the instrument or agreement under which such Debt was created, or (ii) default in the observance or performance of any other agreement or condition relating to any Debt (other than the Revolving Credit Loans or any Reimbursement Obligation), including, without limitation, the obligations under the Five-Year Credit Agreement and any other documents executed in connection therewith, the aggregate outstanding amount of which Debt is in excess of $35,000,000 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 Debt (or a trustee or agent on behalf of such holder or holders) to cause, with the giving of notice if required, any such Debt to become due prior to its stated maturity (any applicable grace period having expired).

Appears in 3 contracts

Samples: 364 Day Credit Agreement (Jones Apparel Group Inc), 364 Day Credit Agreement (Jones Apparel Group Inc), 364 Day Credit Agreement (Jones Apparel Group Inc)

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Debt Cross-Default. Any of the Credit Parties or any of their Subsidiaries shall (i) (A) The occurrence of a default in or an event of default under any Obligations, (ii) the payment Borrowers shall fail to pay beyond any applicable grace period (not to exceed five (5) Business Days), a matured obligation of at least $5,000,000 on any Debt Indebtedness (other than the Revolving Credit Loans or any Reimbursement ObligationLoans); (iii) the aggregate outstanding amount of which Debt is in excess of $35,000,000, including, without limitation, the obligations under the Five-Year Credit Agreement, beyond the period of grace if any, provided in the instrument or agreement under which such Debt was created, or (ii) Borrowers shall default in the observance or performance of any other agreement or condition relating to any Debt Indebtedness (other than the Revolving Credit Loans or any Reimbursement Obligation), including, without limitation, the obligations under the Five-Year Credit Agreement and any other documents executed in connection therewith, the aggregate outstanding amount of which Debt is in excess of $35,000,000 Loans) or contained in any instrument or agreement evidencing, securing or relating thereto 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 Debt Indebtedness or beneficiary or beneficiaries of such Indebtedness (or a trustee or agent on behalf of such holder or holdersholders or beneficiary or beneficiaries) to cause, with the giving of notice if required, any such Debt Indebtedness to become due prior to its stated maturity (any applicable grace period having expired)if the aggregate amount of such Indebtedness is at least $5,000,000.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Capital Lease Funding Inc), Revolving Loan Agreement (Capital Lease Funding Inc)

Debt Cross-Default. Any of the Credit Parties Borrower or any of their Subsidiaries Subsidiary shall (i) default in the payment of any Debt (other than the Revolving Credit Loans (x) any Note or any Reimbursement Obligation, which occurrence is governed by Section 11.1(a), and (y) any non-recourse Debt permitted pursuant to Section 10.1(i) hereof so long as such Debt has not been guaranteed by any Borrower or Guarantor) the aggregate outstanding amount of which Debt is in excess of $35,000,000, including, without limitation, the obligations under the Five-Year Credit Agreement, beyond the period 5,000,000 or any of grace if any, provided in the instrument or agreement under which such Debt was createdin excess of $5,000,000 shall be accelerated or demanded or declared due and payable, or (ii) default in the observance or performance of any other agreement or condition relating to any Debt (other than the Revolving Credit Loans any Note or any Reimbursement Obligation), including, without limitation, the obligations under the Five-Year Credit Agreement and any other documents executed in connection therewith, ) the aggregate outstanding amount of which Debt is in excess of $35,000,000 5,000,000 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 Debt (or a trustee or agent on behalf of such holder or holders) to cause, with the giving of notice if required, any such Debt to become due prior to its stated maturity (any applicable grace period having expired).

Appears in 2 contracts

Samples: Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc)

Debt Cross-Default. Any of the Credit Parties or any of their Subsidiaries shall (i) default in the payment of principal or interest on any Debt (other than the Revolving Credit Loans or any Reimbursement Obligation) the aggregate outstanding amount of which Debt is in excess of $35,000,000, including, without limitation, the obligations under the Five-Year Credit Agreement, beyond the period of grace if any, provided in the instrument or agreement under which such Debt was created, or (ii) default in the observance or performance of any other agreement or condition relating to any Debt (other than the Revolving Credit Loans or any Reimbursement Obligation), including, without limitation, the obligations under the Five-Year Credit Agreement and any other documents executed in connection therewith, the aggregate outstanding amount of which Debt is in excess of $35,000,000 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 Debt (or a trustee or agent on behalf of such holder or holders) to cause, with the giving of notice if required, any such Debt to become due prior to its stated maturity (any applicable grace period having expired).

Appears in 2 contracts

Samples: Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc)

Debt Cross-Default. Any of the Credit Parties The Borrower or any of their its Designated Subsidiaries shall (i) default in the payment of any Debt (other than the Revolving Credit Loans or any Reimbursement ObligationNotes) the aggregate outstanding amount of which Debt is in excess of $35,000,000, including, without limitation, the obligations under the Five-Year Credit Agreement, 1,000,000 beyond the period of grace if any, provided in the instrument or agreement under which such Debt was created, or (ii) default in the observance or performance of any other agreement or condition relating to any Debt (other than the Revolving Credit Loans or any Reimbursement Obligation), including, without limitation, the obligations under the Five-Year Credit Agreement and any other documents executed in connection therewith, Notes) the aggregate outstanding amount of which Debt is in excess of $35,000,000 1,000,000 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 Debt (or a trustee or agent on behalf of such holder or holders) to cause, with the giving of notice if required, any such Debt to become due prior to its stated maturity (any applicable grace period having expired)) or (iii) prior to the Assumption Date, any Default or Event of Default (as defined therein) under the C-TEC Credit Facility shall have occurred and be continuing and on and after the Assumption Date, any Default or Event of Default (as defined therein) under the CCSM Credit Facility shall have occurred and be continuing.

Appears in 1 contract

Samples: Credit Agreement (Cable Michigan Inc)

Debt Cross-Default. Any of the Credit Parties or any of their Subsidiaries shall (i) default in the payment of any Debt (other than the Revolving Credit Loans or any Reimbursement Obligation) the aggregate outstanding amount of which Debt is in excess of $35,000,000, including, without limitation, limitation the obligations under the Five364-Year Day Credit Agreement, beyond the period of grace if any, provided in the instrument or agreement under which such Debt was created, or (ii) default in the observance or performance of any other agreement or condition relating to any Debt (other than the Revolving Credit Loans or any Reimbursement Obligation), including, without limitation, limitation the obligations under the Five364-Year Day Credit Agreement and any other documents executed in connection therewith, the aggregate outstanding amount of which Debt is in excess of $35,000,000 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 Debt (or a trustee or agent on behalf of such holder or holders) to cause, with the giving of notice if required, any such Debt to become due prior to its stated maturity (any applicable grace period having expired).

Appears in 1 contract

Samples: Five Year Credit Agreement (Jones Apparel Group Inc)

Debt Cross-Default. Any of the Credit Parties or any of their Subsidiaries shall (i) default in the payment of any Debt (other than the Revolving Credit Loans or any Reimbursement Obligation) the aggregate outstanding amount of which Debt is in excess of $35,000,000, including, without limitation, the obligations under the Five-Year Credit Agreement, beyond the period of grace if any, provided in the instrument or agreement under which such Debt was created, or (ii) default in the observance or performance of any other agreement or condition relating to any Debt (other than the Revolving Credit Loans or any Reimbursement Obligation), including, without limitation, the obligations under the Five-Year Credit Agreement and any other documents executed in connection therewith, the aggregate outstanding amount of which Debt is in excess of $35,000,000 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 Debt (or a trustee or agent on behalf of such holder or holders) to cause, with the giving of notice if required, any such Debt to become due prior to its stated maturity (any applicable grace period having expired).. (h)

Appears in 1 contract

Samples: Day Credit Agreement (Jones Apparel Group Inc)

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Debt Cross-Default. Any of the Credit Parties or any of their Subsidiaries shall (i) default in the payment of principal or interest on any Debt (other than the Revolving Credit Loans or any Reimbursement Obligation) the aggregate outstanding amount of which Debt is in excess of $35,000,000, including, without limitation, the obligations under the FiveThree-Year Credit Agreement, beyond the period of grace if any, provided in the instrument or agreement under which such Debt was created, or (ii) default in the observance or performance of any other agreement or condition relating to any Debt (other than the Revolving Credit Loans or any Reimbursement Obligation), including, without limitation, the obligations under the FiveThree-Year Credit Agreement and any other documents executed in connection therewith, the aggregate outstanding amount of which Debt is in excess of $35,000,000 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 Debt (or a trustee or agent on behalf of such holder or holders) to cause, with the giving of notice if required, any such Debt to become due prior to its stated maturity (any applicable grace period having expired).

Appears in 1 contract

Samples: Year Credit Agreement (Jones Apparel Group Inc)

Debt Cross-Default. Any of the Credit Parties or any of their Subsidiaries shall (i) default in the payment of any Debt (other than the Revolving Credit Loans Notes or any Reimbursement Obligation) the aggregate outstanding amount of which Debt is in excess of $35,000,00025,000,000, including, without limitation, the obligations under the FiveThree-Year Credit Agreement, beyond the period of grace if any, provided in the instrument or agreement under which such Debt was created, or (ii) default in the observance or performance of any other agreement or condition relating to any Debt (other than the Revolving Credit Loans Notes or any Reimbursement Obligation), including, without limitation, the obligations under the FiveThree-Year Credit Agreement and any other documents executed in connection therewith, the aggregate outstanding amount of which Debt is in excess of $35,000,000 25,000,000 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 Debt (or a trustee or agent on behalf of such holder or holders) to cause, with the giving of notice if required, any such Debt to become due prior to its stated maturity (any applicable grace period having expired).

Appears in 1 contract

Samples: Credit Agreement (Jones Apparel Group Inc)

Debt Cross-Default. Any of the Credit Parties The BORROWER or any of their Subsidiaries other CREDIT PARTY shall (i) default in the payment of any Debt DEBT (other than the Revolving Credit Loans NOTES or any Reimbursement ObligationREIMBURSEMENT OBLIGATION, but specifically including, without limitation, the SUBORDINATED DEBT and the SENIOR NOTES) the aggregate outstanding amount of which Debt is in excess of Three Million DOLLARS ($35,000,000, including, without limitation, the obligations under the Five-Year Credit Agreement, 3,000,000.00) beyond the period of grace if any, provided in the instrument or agreement under which such Debt DEBT was created, created or (ii) default in the observance or performance of any other agreement or condition relating to any Debt DEBT (other than the Revolving Credit Loans NOTES or any Reimbursement Obligation)REIMBURSEMENT OBLIGATION, but specifically including, without limitation, the obligations under SUBORDINATED DEBT and the Five-Year Credit Agreement and any other documents executed in connection therewith, SENIOR NOTES) the aggregate outstanding amount of which Debt is in excess of Three Million DOLLARS ($35,000,000 3,000,000.00) 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 Debt DEBT (or a trustee or agent on behalf of such holder or holders) to cause, with the giving of notice or the expiration of time if required, any such Debt DEBT to become due prior to its stated maturity (any applicable grace period having expired).

Appears in 1 contract

Samples: Credit Agreement (Unc Inc)

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