Common use of Default as to Other Indebtedness Clause in Contracts

Default as to Other Indebtedness. (i) The Borrower or any Restricted Subsidiary shall fail to make any payment (whether of principal, interest, termination payment or other payment obligation and regardless of amount) in respect of any Material Indebtedness (other than the Obligations), when and as the same shall become due and payable (after giving effect to any applicable grace period). (ii) Any event or condition shall occur that results in any Material Indebtedness becoming due or being terminated or required to be prepaid, repurchased, redeemed or defeased prior to its scheduled maturity, or that enables or permits (with or without the giving of notice, the lapse of time or both) the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, to cause any Material Indebtedness to become due, or to terminate or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity; provided that this clause (ii) shall not apply to (A) any secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due as a result of a voluntary refinancing thereof permitted under Section 7.03(a).

Default as to Other Indebtedness. (i) Failure of the Borrower or any of its Subsidiaries to pay when due any Material Indebtedness; or (ii) Any Material Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable or required to be prepaid or repurchased (other than by a regularly scheduled payment) prior to the stated maturity thereof; or (iii) The Borrower or any Restricted Subsidiary of its Subsidiaries shall fail to make pay, or shall admit in writing its inability to pay, its debts generally as they become due; or (iv) The default by the Borrower or any payment of its Subsidiaries in the performance (whether of principalbeyond the applicable grace period with respect thereto, interest, termination payment or other payment obligation and regardless of amountif any) in respect of any Material Indebtedness (other than the Obligations)term, when and as the same shall become due and payable (after giving effect to any applicable grace period). (ii) Any event provision or condition shall occur that results contained in any Material Indebtedness becoming due or being terminated or required to be prepaid, repurchased, redeemed or defeased prior to its scheduled maturityAgreement, or that enables any other event shall occur or permits (with or without the giving of noticecondition exist, the lapse effect of time which default, event or bothcondition is to cause, or to permit the holder(s) of such Material Indebtedness or the holder or holders of lender(s) under any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, Agreement to cause any such Material Indebtedness to become due, or to terminate or to require the prepayment, repurchase, redemption or defeasance thereof, due prior to its scheduled maturity; provided that this clause (ii) shall not apply stated maturity or any commitment to (A) lend under any secured Material Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due as a result of a voluntary refinancing thereof permitted under Section 7.03(a)Agreement to be terminated prior to its stated expiration date.

Default as to Other Indebtedness. (i) Failure of the Borrower or any of its Subsidiaries to pay when due and payable (whether at stated maturity, by acceleration or otherwise) any Indebtedness which, individually or in the aggregate exceeds $2,000,000 or the equivalent thereof in currencies other than Dollars) (the indebtedness described in this clause (i) being referred to as “Material Indebtedness”) and such default continues after the applicable grace period applicable thereto; or (ii) Any Material Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable or required to be prepaid or repurchased (other than by a regularly scheduled payment) prior to the stated maturity thereof; or (iii) The Borrower or any Restricted Subsidiary of its Subsidiaries shall fail to make pay, or shall admit in writing its inability to pay, its debts generally as they become due; or (iv) The default by the Borrower or any payment of its Subsidiaries in the performance (whether of principalbeyond the applicable grace period with respect thereto, interest, termination payment or other payment obligation and regardless of amountif any) in respect of any term, provision or condition contained in any agreement under which any such Material Indebtedness (was created or is governed, or any other than the Obligations), when and as the same event shall become due and payable (after giving effect to any applicable grace period). (ii) Any event occur or condition shall occur that results in any Material Indebtedness becoming due exist, the effect of which default or being terminated or required event is to be prepaid, repurchased, redeemed or defeased prior to its scheduled maturitycause, or that enables or permits (with or without the giving of notice, the lapse of time or both) to permit the holder or holders (or trustee on behalf of any such holder) of such Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, to cause any such Material Indebtedness to become due, or to terminate or to require the prepayment, repurchase, redemption or defeasance thereof, due prior to its scheduled stated maturity; provided that this clause (ii) shall not apply to (A) any secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due as a result of a voluntary refinancing thereof permitted under Section 7.03(a).

Default as to Other Indebtedness. (i) The Borrower Company or any Restricted Subsidiary of its Subsidiaries shall fail to make pay when due any payment Indebtedness in excess of $50,000,000 (whether any such Indebtedness being “Material Indebtedness”), or the Company or any of principalits Subsidiaries shall fail to perform (beyond the applicable grace period with respect thereto, interestif any) any term, termination payment provision or condition contained in any agreement under which any such Material Indebtedness was created or is governed, or any other payment obligation and regardless event shall occur or condition exist, the effect of amount) in respect which default or event is to cause, or to permit the holder or holders of such Material Indebtedness to cause, such Material Indebtedness to become due prior to its stated maturity; or any Material Indebtedness (other than of the Obligations), when and as the same Company or any of its Subsidiaries shall become be declared to be due and payable (after giving effect to any applicable grace period). (ii) Any event or condition shall occur that results in any Material Indebtedness becoming due or being terminated or required to be prepaid, repurchased, repurchased or redeemed (other than by a regularly scheduled payment or defeased prior to its scheduled maturity, or that enables or permits (with or without the giving of notice, the lapse of time or both) the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, to cause any Material Indebtedness to become due, or to terminate or to require the a mandatory prepayment, repurchaserepurchase or redemption upon a sale, redemption transfer or defeasance thereof, prior to its scheduled maturity; provided that this clause other disposition of assets (ii) shall not apply to (A) any secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due including as a result of a voluntary refinancing casualty or condemnation event) or change of control or termination of trading of the Company’s common stock) prior to the stated maturity thereof; provided, that (x) no exercise of a conversion right in respect of Convertible Indebtedness by a holder thereof permitted (other than any right to convert such Indebtedness into cash that is triggered by an event of default, a change of control or a similar event, however denominated) and (y) no early payment requirement or unwinding or termination with respect to any Hedging Agreement (other than as a result of an event in the nature of a default under Section 7.03(aany Hedging Agreement) shall constitute a Default under this paragraph (d).

Default as to Other Indebtedness. (i) The Borrower or any Restricted Subsidiary shall fail to make any payment (whether of principal, interest, termination payment or other payment obligation and regardless of amount) in respect of any Material Indebtedness (other than the Obligations), when and as the same shall become due and payable (after giving effect to any applicable grace period). (ii) Any event or condition shall occur that results in any Material Indebtedness becoming due or being terminated or required to be prepaid, repurchased, redeemed or defeased prior to its scheduled maturity, or that enables or permits (with or without the giving of notice, the lapse of time or both) the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, to cause any Material Indebtedness to become due, or to terminate or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity; provided that this clause (ii) shall not apply to (A) any secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due as a result of a voluntary refinancing thereof permitted under Section 7.03(a).. (e)

Default as to Other Indebtedness. (i) The Borrower or any Restricted Subsidiary shall fail to make any payment (whether of principal, interest, termination payment or other payment obligation and regardless of amount) in respect of any Material Indebtedness (other than the Obligations), when and as the same shall become due and payable (after giving effect to any applicable grace period). (ii) Any event or condition shall occur that results in any Material Indebtedness becoming due or being terminated or required to be prepaid, repurchased, redeemed or defeased prior to its scheduled maturity, or that enables or permits (with or without the giving of notice, the lapse of time or both) the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, to cause any Material Indebtedness to become due, or to terminate or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity; provided that this clause (ii‎(ii) shall not apply to (A) any secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due as a result of a voluntary refinancing thereof permitted under Section ‎Section 7.03(a).

Default as to Other Indebtedness. (i) The Borrower Company or any Restricted Subsidiary of its Subsidiaries shall fail to make pay when due any payment Indebtedness in excess of $35,000,000 (whether any such Indebtedness being “Material Indebtedness”), or the Company or any of principalits Subsidiaries shall fail to perform (beyond the applicable grace period with respect thereto, interestif any) any term, termination payment provision or other payment obligation and regardless of amount) condition contained in respect of any agreement under which any such Material Indebtedness (was created or is governed, or any other than the Obligations), when and as the same event shall become due and payable (after giving effect to any applicable grace period). (ii) Any event occur or condition shall occur that results in any Material Indebtedness becoming due exist, the effect of which default or being terminated or required event is to be prepaid, repurchased, redeemed or defeased prior to its scheduled maturitycause, or that enables or permits (with or without the giving of notice, the lapse of time or both) to permit the holder or holders of any such Material Indebtedness or any trustee or agent on its or their behalfto cause, or, in the case of any Swap Agreement, the applicable counterparty, to cause any such Material Indebtedness to become due, or to terminate or to require the prepayment, repurchase, redemption or defeasance thereof, due prior to its scheduled stated maturity; provided that this clause (ii) shall not apply to (A) or any secured Material Indebtedness that becomes due as a result of the voluntary sale Company or any of its Subsidiaries shall be declared to be due and payable or required to be prepaid or repurchased (other than by a regularly scheduled payment or a mandatory prepayment upon a sale, transfer or other disposition of the assets securing such Indebtedness or (B) any Indebtedness that becomes due including as a result of a voluntary refinancing casualty or condemnation event) or change of control or termination of trading of the Company’s common stock) prior to the stated maturity thereof; provided, that no exercise of a conversion right in respect of Convertible Indebtedness by a holder thereof permitted (other than any right to convert such Indebtedness into cash that is triggered by an event of default, a change of control or a similar event, however denominated) shall constitute a Default under Section 7.03(athis paragraph (d).

Default as to Other Indebtedness. (i) Failure of the Borrower or any of its Subsidiaries to pay when due and payable (whether at stated maturity, by acceleration or otherwise) any Indebtedness which, individually or in the aggregate exceeds $2,000,000 or the equivalent thereof in currencies other than Dollars) (the indebtedness described in this clause (i) being referred to as "MATERIAL INDEBTEDNESS") and such default continues after the applicable grace period applicable thereto; or (ii) Any Material Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable or required to be prepaid or repurchased (other than by a regularly scheduled payment) prior to the stated maturity thereof; or (iii) The Borrower or any Restricted Subsidiary of its Subsidiaries shall fail to make pay, or shall admit in writing its inability to pay, its debts generally as they become due; or (iv) The default by the Borrower or any payment of its Subsidiaries in the performance (whether of principalbeyond the applicable grace period with respect thereto, interest, termination payment or other payment obligation and regardless of amountif any) in respect of any term, provision or condition contained in any agreement under which any such Material Indebtedness (was created or is governed, or any other than the Obligations), when and as the same event shall become due and payable (after giving effect to any applicable grace period). (ii) Any event occur or condition shall occur that results in any Material Indebtedness becoming due exist, the effect of which default or being terminated or required event is to be prepaid, repurchased, redeemed or defeased prior to its scheduled maturitycause, or that enables or permits (with or without the giving of notice, the lapse of time or both) to permit the holder or holders (or trustee on behalf of any such holder) of such Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, to cause any such Material Indebtedness to become due, or to terminate or to require the prepayment, repurchase, redemption or defeasance thereof, due prior to its scheduled stated maturity; provided that this clause (ii) shall not apply to (A) any secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due as a result of a voluntary refinancing thereof permitted under Section 7.03(a).

Default as to Other Indebtedness. (i) The Borrower Failure of the Company or any Restricted Subsidiary shall fail of its Subsidiaries to make any payment pay when due (whether of principalat stated maturity, interest, termination payment by acceleration or other payment obligation and regardless of amountotherwise) (a) in respect of any Material Indebtedness (other than under the Obligations), when and as the same shall become due and payable 3-Year Credit Agreement (after giving effect to any applicable grace periodperiods) or (b) any other Indebtedness which, individually or in the aggregate exceeds $25,000,000 (or the equivalent in currencies other than Dollars) (such Indebtedness under the 3-Year Credit Agreement and such other Indebtedness being referred to as "MATERIAL INDEBTEDNESS").; or (ii) Any event or condition shall occur that results in any Material Indebtedness becoming of the Company or any of its Subsidiaries shall be declared to be due or being terminated and payable or required to be prepaid, repurchased, redeemed prepaid or defeased repurchased (other than by a regularly scheduled payment) prior to the stated maturity thereof; or (iii) The Company or any of its scheduled maturityMaterial Subsidiaries shall fail to pay, or that enables shall admit in writing its inability to pay, its debts generally as they become due; or (iv) The default by the Company or permits any of its Subsidiaries in the performance (beyond the applicable grace period with respect thereto, if any) of any term, provision or without the giving of noticecondition contained in any agreement under which any such Material Indebtedness was created or is governed, or any other event shall occur or condition exist, the lapse effect of time which default or both) event is to cause, or to permit the holder or holders of any such Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, to cause any such Material Indebtedness to become due, or to terminate or to require the prepayment, repurchase, redemption or defeasance thereof, due prior to its scheduled stated maturity; provided that this clause (ii) shall not apply to (A) any secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due as a result of a voluntary refinancing thereof permitted under Section 7.03(a).

Default as to Other Indebtedness. (a) Failure by the Borrower or any of its Subsidiaries to pay when due (whether at stated maturity, by acceleration or otherwise) any Indebtedness (i) The Borrower under the Existing Credit Agreements, the 2011 Credit Agreement Conforming Amendment or the 2007 Credit Facility Replacement Agreement or (ii) under any Restricted Subsidiary shall fail to make any payment (whether of principalother Indebtedness that, interestindividually or in the aggregate, termination payment exceeds $100,000,000 or other payment obligation and regardless of amount) the equivalent thereof in respect of any Material Indebtedness (currencies other than Dollars (the Obligations), when and Indebtedness described in this clause (a) being referred to as the same shall become due and payable (after giving effect to any applicable grace period“Material Indebtedness”). (iib) Any event or condition shall occur occurs that results in any Material Indebtedness becoming due due, or commitments with respect thereto being terminated or required to be prepaidterminated, repurchased, redeemed or defeased prior to its their scheduled maturity, payment or that termination date, or enables or permits (with or without the giving of notice, the lapse of time or both) the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, behalf to cause any Material Indebtedness to become due, or commitments with respect thereto to terminate be terminated, prior to its scheduled maturity, payment or termination date or to require the prepayment, repurchase, redemption repurchase or defeasance thereof, prior to its scheduled maturitymaturity date (in each case after giving effect to any cure period); provided that this clause (iib) shall not apply to (A) any secured Indebtedness that becomes due solely as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness Indebtedness. (c) The Borrower or (B) any Indebtedness that becomes due of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as a result of a voluntary refinancing thereof permitted under Section 7.03(a)they become due.

Default as to Other Indebtedness. (i) The Borrower Failure of the Company or any Restricted Subsidiary shall fail of its Subsidiaries to make any payment pay when due (whether of principalat stated maturity, interest, termination payment by acceleration or other payment obligation and regardless of amountotherwise) (a) in respect of any Material Indebtedness (other than under the Obligations), when and as the same shall become due and payable 364-Day Credit Agreement (after giving effect to any applicable grace periodperiods) or (b) any other Indebtedness which, individually or in the aggregate exceeds $25,000,000 (or the equivalent in currencies other than Dollars) (such Indebtedness under the 364-Day Credit Agreement and such other Indebtedness being referred to as "MATERIAL INDEBTEDNESS").; or (ii) Any event or condition shall occur that results in any Material Indebtedness becoming of the Company or any of its Subsidiaries shall be declared to be due or being terminated and payable or required to be prepaid, repurchased, redeemed prepaid or defeased repurchased (other than by a regularly scheduled payment) prior to the stated maturity thereof; or (iii) The Company or any of its scheduled maturityMaterial Subsidiaries shall fail to pay, or that enables shall admit in writing its inability to pay, its debts generally as they become due; or (iv) The default by the Company or permits any of its Subsidiaries in the performance (beyond the applicable grace period with respect thereto, if any) of any term, provision or without the giving of noticecondition contained in any agreement under which any such Material Indebtedness was created or is governed, or any other event shall occur or condition exist, the lapse effect of time which default or both) event is to cause, or to permit the holder or holders of any such Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, to cause any such Material Indebtedness to become due, or to terminate or to require the prepayment, repurchase, redemption or defeasance thereof, due prior to its scheduled stated maturity; provided that this clause (ii) shall not apply to (A) any secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due as a result of a voluntary refinancing thereof permitted under Section 7.03(a).

Default as to Other Indebtedness. (i) The Borrower Failure of the Company or any Restricted Subsidiary shall fail of its Subsidiaries to make any payment pay when due (whether of principalat stated maturity, interest, termination payment by acceleration or other payment obligation and regardless of amountotherwise) in respect of (a) any Material Indebtedness (other than under the Obligations), when and as the same shall become due and payable 3-Year Credit Agreement (after giving effect to any applicable grace periodperiods) or (b) any other Indebtedness which, individually or in the aggregate exceeds $25,000,000 (or the equivalent in currencies other than Dollars) (such Indebtedness under the 3-Year Credit Agreement and such other Indebtedness being referred to as “Material Indebtedness”).; or (ii) Any event or condition shall occur that results in any Material Indebtedness becoming of the Company or any of its Subsidiaries shall be declared to be due or being terminated and payable or required to be prepaid, repurchased, redeemed prepaid or defeased repurchased (other than by a regularly scheduled payment) prior to the stated maturity thereof; or (iii) The Company or any of its scheduled maturityMaterial Subsidiaries shall fail to pay, or that enables shall admit in writing its inability to pay, its debts generally as they become due; or (iv) The default by the Company or permits any of its Subsidiaries in the performance (beyond the applicable grace period with respect thereto, if any) of any term, provision or without the giving of noticecondition contained in any agreement under which any such Material Indebtedness was created or is governed, or any other event shall occur or condition exist, the lapse effect of time which default or both) event is to cause, or to permit the holder or holders of any such Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, to cause any such Material Indebtedness to become due, or to terminate or to require the prepayment, repurchase, redemption or defeasance thereof, due prior to its scheduled stated maturity; provided that this clause (ii) shall not apply to (A) any secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due as a result of a voluntary refinancing thereof permitted under Section 7.03(a).

Default as to Other Indebtedness. (i) The Borrower Company or any Restricted Subsidiary of its Subsidiaries shall fail to make pay when due any payment Indebtedness in excess of $35,000,000 (whether any such Indebtedness being “Material Indebtedness”), or the Company or any of principalits Subsidiaries shall fail to perform (beyond the applicable grace period with respect thereto, interestif any) any term, termination payment provision or condition contained in any agreement under which any such Material Indebtedness was created or is governed, or any other payment obligation and regardless event shall occur or condition exist, the effect of amount) in respect which default or event is to cause, or to permit the holder or holders of such Material Indebtedness to cause, such Material Indebtedness to become due prior to its stated maturity; or any Material Indebtedness (other than of the Obligations), when and as the same Company or any of its Subsidiaries shall become be declared to be due and payable (after giving effect to any applicable grace period). (ii) Any event or condition shall occur that results in any Material Indebtedness becoming due or being terminated or required to be prepaid, repurchased, repurchased or redeemed (other than by a regularly scheduled payment or defeased prior to its scheduled maturity, or that enables or permits (with or without the giving of notice, the lapse of time or both) the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Swap Agreement, the applicable counterparty, to cause any Material Indebtedness to become due, or to terminate or to require the a mandatory prepayment, repurchaserepurchase or redemption upon a sale, redemption transfer or defeasance thereof, prior to its scheduled maturity; provided that this clause other disposition of assets (ii) shall not apply to (A) any secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due including as a result of a voluntary refinancing casualty or condemnation event) or change of control or termination of trading of the Company’s common stock) prior to the stated maturity thereof; provided, that no exercise of a conversion right in respect of Convertible Indebtedness by a holder thereof permitted (other than any right to convert such Indebtedness into cash that is triggered by an event of default, a change of control or a similar event, however denominated) shall constitute a Default under Section 7.03(athis paragraph (d).