Common use of Default as to Other Indebtedness Clause in Contracts

Default as to Other Indebtedness. ATSC, the Borrower or any Restricted Subsidiary shall fail to make any payment when due (whether by scheduled maturity, required prepay ment, acceleration, demand or otherwise) on any Indebtedness of ATSC, the Borrower or any such Subsidiary, other than an Obliga tion, if the aggregate amount of all such Indebtedness is $5,000,000 or more; or any breach, default or event of default shall occur, or any other event shall occur or condition shall exist, under any instrument, agreement or indenture pertaining thereto, if the effect thereof is to accelerate, or permit the holder(s) of such Indebtedness to accelerate, the maturity of any such Indebtedness; or any such Indebtedness shall be declared to be due and payable or required to be prepaid (other than by a regularly scheduled required prepayment prior to the stated maturity thereof), or the holder of any Lien (other than Liens upon property leased to ATSC, the Borrower or such Restricted Subsidiary which were created by the landlord prior to the commencement of the lease), in any amount, shall commence foreclosure of such Lien upon property of ATSC, the Borrower or any Restricted Subsidiary having a value in excess of $5,000,000 in the aggregate.

Appears in 1 contract

Samples: Credit Agreement (Anntaylor Inc)

AutoNDA by SimpleDocs

Default as to Other Indebtedness. ATSC, the (i) The Borrower or any Restricted Subsidiary of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepay mentprepayment, acceleration, demand or otherwise) on any with respect to Permitted Subordinated Indebtedness of ATSC, the Borrower or any such Subsidiary, other Indebtedness (other than an Obliga tionObligation) in excess of $1,000,000, if the aggregate amount of all such Indebtedness is $5,000,000 or moreexcept as set forth in Schedule 11.01(e); or (ii) any breach, default or event of default shall occur, or any other event shall occur or condition shall exist, exist under any instrument, agreement or indenture pertaining theretoto any such Indebtedness, if the effect thereof is to acceleratecause an acceleration, mandatory redemption or other required repurchase of such Indebtedness, or during the continuance of such breach, default or event of default, permit the holder(s) one or more holders of such Indebtedness to accelerate, accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or (iii) any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid prepaid, redeemed or otherwise repurchased by the Borrower or any of its Subsidiaries (other than by a regularly scheduled required prepayment prepayment) prior to the stated maturity thereof; in each case referred to in clause (i), (ii) or the holder of any Lien (iii) above, such accelerated, repurchased or other than Liens upon property leased Indebtedness to ATSCexceed, the Borrower or such Restricted Subsidiary which were created by the landlord prior to the commencement of the lease), in any amount, shall commence foreclosure of such Lien upon property of ATSC, the Borrower or any Restricted Subsidiary having a value in excess of $5,000,000 in the aggregate., $1,000,000. 108

Appears in 1 contract

Samples: Credit Agreement (Foamex Capital Corp)

Default as to Other Indebtedness. ATSC, the Borrower or any Restricted Subsidiary shall fail fails to make any payment when due (whether by scheduled maturity, required prepay mentprepayment, acceleration, demand or otherwise) on with respect to any Subordinated Indebtedness of ATSC, the Borrower or any such Subsidiary, other Indebtedness (other than an Obliga tion, Obligation) if the aggregate amount of all such other Indebtedness is Five Million Dollars ($5,000,000 5,000,000) or more; or any breach, default or event of default shall occuroccurs, or any other event shall occur or condition shall exist, exists under any instrument, agreement or indenture pertaining theretoto any such Indebtedness (including, without limitation, a "Change of Control", as defined in the Senior Subordinated Note Indenture), if the effect thereof (with or without the giving of notice or lapse of time or both) is to acceleratecause an acceleration, mandatory redemption or other required repurchase of such Indebtedness or permit the holder(s) holder or holders of such Indebtedness to accelerate, accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid prepaid, redeemed or otherwise repurchased by Borrower or any Subsidiary (other than by a regularly scheduled required prepayment prepayment) prior to the stated maturity thereof), ; or the holder or holders of any Lien (other than Liens upon property leased to ATSC, the Borrower or such Restricted Subsidiary which were created by the landlord prior to the commencement of the lease)Lien, in any amount, shall commence commences foreclosure of such Lien upon property Property of ATSC, the Borrower or any Restricted Subsidiary having a value in excess of Five Million Dollars ($5,000,000 in the aggregate.5,000,000) or more; or

Appears in 1 contract

Samples: Loan Agreement (Fairfield Manufacturing Co Inc)

Default as to Other Indebtedness. ATSC, the Borrower or any Restricted Subsidiary Any Loan Party shall fail to make any payment when due (whether by scheduled maturity, required prepay mentprepayment, acceleration, demand or otherwise) on with respect to any Indebtedness of ATSC, the Borrower or any such Subsidiary, (other than (i) an Obliga tion, Obligation or (ii) the Xxxxxxxx Seller Note or the Monitor Seller Note provided that the failure to make any payment under either the Xxxxxxxx Seller Note or the Monitor Seller Note does not give rise to a default or event of default under or in connection with any other Indebtedness which is in an aggregate amount of $2,500,000 or more) if the aggregate amount of all such other Indebtedness is Two Million Five Hundred Thousand Dollars ($5,000,000 2,500,000) or more; or any breach, default or event of default shall occur, or any other event shall occur or condition shall exist, exist under any instrument, agreement or indenture pertaining theretoto any such Indebtedness, if the effect thereof (with or without the giving of notice or lapse of time or both) is to acceleratecause an acceleration, mandatory redemption or other required repurchase of such Indebtedness or permit the holder(s) holder or holders of such Indebtedness to accelerate, accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid prepaid, redeemed or otherwise repurchased by any Loan Party (other than by a regularly scheduled required prepayment prepayment) prior to the stated maturity thereof), ; or the holder or holders of any Lien (other than Liens upon property leased to ATSC, the Borrower or such Restricted Subsidiary which were created by the landlord prior to the commencement of the lease)Lien, in any amount, shall commence foreclosure of such Lien upon property of ATSC, the Borrower or any Restricted Subsidiary Loan Party having a an aggregate value in excess of Two Million Five Hundred Thousand Dollars ($5,000,000 in the aggregate2,500,000).

Appears in 1 contract

Samples: Credit Agreement (Stellex Industries Inc)

Default as to Other Indebtedness. ATSC, the Either Borrower or any Restricted Subsidiary of either Borrower shall fail to make any payment when due (whether by scheduled maturity, required prepay mentprepayment, acceleration, demand or otherwiseotherwise after giving effect to any applicable grace period) on with respect to any Indebtedness of ATSC, the Borrower or any such Subsidiary, (other than an Obliga tion, if Obligation or Intercompany Debt) of the aggregate amount of all such Indebtedness is Borrower and its Subsidiaries aggregating $5,000,000 1,000,000 or more; or any breach, default or event of default shall occur, or any other event shall occur or condition shall exist, exist under any instrument, agreement or indenture pertaining theretoto any such Indebtedness, if the effect thereof (with or without the giving of notice or lapse of time or both) is to acceleratecause an acceleration, mandatory redemption or other required repurchase of such Indebtedness, or permit the holder(s) of such Indebtedness to accelerate, accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid prepaid, redeemed or otherwise repurchased by a Borrower or any of its Subsidiaries (other than by a regularly scheduled required prepayment prepayment) prior to the stated maturity thereof), or the holder of any Lien (other than Liens upon property leased to ATSC, the Borrower or such Restricted Subsidiary which were created by the landlord prior to the commencement of the lease), in any amount, shall commence foreclosure of such Lien upon property of ATSC, the Borrower or any Restricted Subsidiary having a value in excess of $5,000,000 in the aggregate.

Appears in 1 contract

Samples: Credit Agreement (Banner Aerospace Inc)

AutoNDA by SimpleDocs

Default as to Other Indebtedness. ATSC, the Borrower or any Restricted Subsidiary Any Loan Party shall fail to make any payment when due (whether by scheduled maturity, required prepay mentprepayment, acceleration, demand or otherwise) on with respect to any Indebtedness of ATSC, the Borrower or any such Subsidiary, (other than an Obliga tion, Obligation) if the aggregate amount of all such other Indebtedness is Thirty-Five Million Dollars ($5,000,000 35,000,000) or more; or any breach, default or event of default shall occur, or any other event shall occur or condition shall exist, exist under any instrument, agreement or indenture pertaining theretoto any such Indebtedness, if the effect thereof (with or without the giving of notice or lapse of time or both) is to acceleratecause an acceleration, mandatory redemption or other required repurchase of such Indebtedness or permit the holder(s) holder or holders of such Indebtedness to accelerate, accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid prepaid, redeemed or otherwise repurchased by any Loan Party (other than by a regularly scheduled required prepayment prepayment) prior to the stated maturity thereof), ; or the holder or holders of any Lien Lien, securing obligations of Twenty-Five Million Dollars (other than Liens upon property leased to ATSC, the Borrower $25,000,000) or such Restricted Subsidiary which were created by the landlord prior to the commencement of the lease), in any amountmore, shall commence foreclosure of such Lien upon property of ATSC, the Borrower or any Restricted Subsidiary having a value in excess of $5,000,000 in the aggregateLoan Party.

Appears in 1 contract

Samples: Credit Agreement (Watson Pharmaceuticals Inc)

Default as to Other Indebtedness. ATSC, the Borrower or any Restricted Subsidiary Any Stellex Party shall fail to make any payment when due (whether by scheduled maturity, required prepay mentprepayment, acceleration, demand or otherwise) on with respect to any Indebtedness of ATSC, the Borrower or any such Subsidiary, (other than (i) an Obliga tion, Obligation or (ii) the Xxxxxxxx Seller Note or the Monitor Seller Note provided that the failure to make any payment under either the Xxxxxxxx Seller Note or the Monitor Seller Note does not give rise to a default or event of default under or in connection with any other Indebtedness which is in an aggregate amount of $5,000,000 or more) if the aggregate amount of all such other Indebtedness is Five Million Dollars ($5,000,000 5,000,000) or more; or any breach, default or event of default shall occur, or any other event shall occur or condition shall exist, exist under any instrument, agreement or indenture pertaining theretoto any such Indebtedness, if the effect thereof (with or without the giving of notice or lapse of time or both) is to acceleratecause an acceleration, mandatory redemption or other required repurchase of such Indebtedness or permit the holder(s) holder or holders of such Indebtedness to accelerate, accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid prepaid, redeemed or otherwise repurchased by any Stellex Party (other than by a regularly scheduled required prepayment prepayment) prior to the stated maturity thereof), ; or the holder or holders of any Lien (other than Liens upon property leased to ATSC, the Borrower or such Restricted Subsidiary which were created by the landlord prior to the commencement of the lease)Lien, in any amount, shall commence foreclosure of such Lien upon property of ATSC, the Borrower or any Restricted Subsidiary Stellex Party having a an aggregate value in excess of Five Million Dollars ($5,000,000 in the aggregate5,000,000).

Appears in 1 contract

Samples: Credit Agreement (Stellex Technologies Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.