Common use of Default as to Other Indebtedness Clause in Contracts

Default as to Other Indebtedness. Borrower or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) on any Other Indebtedness of Borrower or any such Subsidiary, if the aggregate outstanding amount of all such Indebtedness is $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, 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 or mandatorily redeemed (other than by a regularly scheduled required prepayment prior to the stated maturity there of); or the holder of any Lien, in any amount, shall commence foreclosure of such Lien upon property of Borrower or any of its Subsidiaries having a book or fair market value in excess of $1,000,000 in the aggregate.

Appears in 1 contract

Samples: Credit Agreement (American Classic Voyages Co)

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Default as to Other Indebtedness. Borrower or any of its Subsidiaries The Issuer shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) on with respect to any Other other Indebtedness (other than an Obligation) in excess of Borrower or any such Subsidiary, if the aggregate outstanding amount of all such Indebtedness is $2,500,000 or more, 1,000,000; 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 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) 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 mandatorily redeemed otherwise repurchased by the Issuer (other than by a regularly scheduled required prepayment prepayment) prior to the stated maturity there of)thereof; in each case such accelerated, repurchased or the holder of any Lienother Indebtedness to exceed, in any amount, shall commence foreclosure of such Lien upon property of Borrower or any of its Subsidiaries having a book or fair market value in excess of $1,000,000 in the aggregate, $1,000,000.

Appears in 1 contract

Samples: Promissory Note (Foamex Capital Corp)

Default as to Other Indebtedness. Borrower or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) on any Other Indebtedness of Borrower or any such Subsidiary, if the aggregate outstanding amount of all such Indebtedness is $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, 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 or mandatorily redeemed (other than by a regularly scheduled required prepayment prior to the stated maturity there ofthereof); or the holder of any Lien, in any amount, shall commence foreclosure of such Lien upon property of Borrower or any of its Subsidiaries having a book or fair market value in excess of $1,000,000 in the aggregate.

Appears in 1 contract

Samples: Credit Agreement (American Classic Voyages Co)

Default as to Other Indebtedness. Any of the Borrower or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) on with respect to any Other Indebtedness of Borrower or any such Subsidiary, if (other than the aggregate Obligations) the outstanding principal amount of all such which Indebtedness is in excess of $2,500,000 or more, 2,000,000; 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 is to acceleratecause an acceleration, mandatory redemption, a requirement that the Borrower or any such Subsidiary offer to purchase such Indebtedness 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 mandatorily redeemed (other than otherwise repurchased by a regularly scheduled required prepayment prior to the stated maturity there of); or the holder of any Lien, in any amount, shall commence foreclosure of such Lien upon property of Borrower or any of its Subsidiaries having a book or fair market value in excess of $1,000,000 in the aggregate.its

Appears in 1 contract

Samples: 364 Day Credit Agreement (Wabash National Corp /De)

Default as to Other Indebtedness. The Borrower or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) on with respect to any Other other Indebtedness (other than an Obligation) in excess of Borrower or any such Subsidiary, if $1,000,000 (excluding the aggregate outstanding amount of all such Indebtedness is $2,500,000 or more, New GFI Note); 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 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) 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 mandatorily redeemed otherwise repurchased by the Borrower (other than by a regularly scheduled required prepayment prepayment) prior to the stated maturity there of)thereof; in each case such accelerated, repurchased or the holder of any Lienother Indebtedness to exceed, in any amount, shall commence foreclosure of such Lien upon property of Borrower or any of its Subsidiaries having a book or fair market value in excess of $1,000,000 in the aggregate, $1,000,000.

Appears in 1 contract

Samples: Credit Agreement (Foamex Capital Corp)

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Default as to Other Indebtedness. The Borrower or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) on with respect to any Other Indebtedness of Borrower or any such Subsidiary, if the aggregate outstanding principal amount of all such which Indebtedness is in excess of $2,500,000 or more, 5,000,000 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 is to acceleratecause an acceleration, mandatory redemption, a requirement that the Borrower offer to purchase such Indebtedness 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 mandatorily redeemed otherwise repurchased by the Borrower or any of its Subsidiaries (other than by a regularly scheduled required prepayment prepayment) prior to the stated maturity there of); or the holder of any Lien, in any amount, shall commence foreclosure of such Lien upon property of Borrower or any of its Subsidiaries having a book or fair market value in excess of $1,000,000 in the aggregatethereof.

Appears in 1 contract

Samples: Credit Agreement (Homeusa Inc)

Default as to Other Indebtedness. Borrower or any of its Subsidiaries Any Company shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) on with respect to any Other Indebtedness of Borrower or any such Subsidiary, if the aggregate outstanding principal amount of all such which Indebtedness is in excess of One Million Dollars ($2,500,000 or more, 1,000,000); 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 agreement, or any other indenture pertaining theretoto any such Indebtedness, if the effect thereof is to acceleratecause an acceleration, mandatory redemption, a requirement that Borrower offer to purchase such Indebtedness 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 mandatorily redeemed otherwise repurchased by any Company (other than by a regularly scheduled required prepayment prepayment) prior to the stated maturity there of); or the holder of any Lien, in any amount, shall commence foreclosure of such Lien upon property of Borrower or any of its Subsidiaries having a book or fair market value in excess of $1,000,000 in the aggregatethereof.

Appears in 1 contract

Samples: Credit Agreement (Transportation Components Inc)

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