Common use of Default in Other Agreements Clause in Contracts

Default in Other Agreements. (i) Failure of any Loan Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a)) in an aggregate principal amount of $25,000,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Party with respect to any other term of (1) one or more items of such Indebtedness or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 4 contracts

Sources: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an individual principal amount of $5,000,000 or more or with an aggregate principal amount of $25,000,000 10,000,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other term of (1) one or more items of such Indebtedness or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 3 contracts

Sources: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)

Default in Other Agreements. (i) Failure of any Loan Note Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 7.1(a)) in an amount individually or in the aggregate principal amount of $25,000,000 2,500,000 or more, in each case beyond the grace period, if any, provided therefor; , or (ii) breach or default by any Loan Note Party with respect to any other material term of (1A) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause any Note Party to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 3 contracts

Sources: Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a)Section 8.1 above) in an aggregate principal amount excess of $25,000,000 or more, 20,000,000 in the aggregate and in each case beyond the end of any grace periodperiod provided therefor, if any, provided therefor; or (ii) breach or default by any Loan Credit Party or any of their respective Subsidiaries with respect to any other material term of (1a) one or more items of such Indebtedness or (2b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the end of any grace periodperiod provided therefor, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 3 contracts

Sources: Credit Agreement (Hospira Inc), Credit Agreement (Hospira Inc), Credit Agreement (Hospira Inc)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in with an aggregate principal amount of $25,000,000 1,000,000 or more, in each case beyond the grace period, if any, provided therefortherefore; or (ii) breach or default by any Loan Credit Party with respect to any other material term of (1) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefortherefore, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (American Reprographics CO), Credit and Guaranty Agreement (American Reprographics CO)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a)Section 8.1 above) in an aggregate principal amount excess of $25,000,000 or more, 30,000,000 in the aggregate and in each case beyond the end of any grace periodperiod provided therefor, if any, provided therefor; or (ii) breach or default by any Loan Credit Party or any of their respective Subsidiaries with respect to any other material term of (1a) one or more items of such Indebtedness or (2b) any loan agreement, mortgage, indenture or other agreement relating to such item(sitem (s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the end of any grace periodperiod provided therefor, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that such Indebtedness (or a trustee on behalf of such holder or holders), ) to cause, that such Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 2 contracts

Sources: Credit Agreement (Hospira Inc), Credit Agreement (Hospira Inc)

Default in Other Agreements. (ia) Failure of any Loan Party Borrower or any of their respective Subsidiaries Significant Subsidiary to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to the Obligations and Non-Recourse Obligations) or any Contingent Obligation, in clause (a)) each case in an individual principal amount of $5,000,000 or more or in an aggregate principal amount of $25,000,000 10,000,000 or more, and in each case beyond the end of any grace period, if any, period provided therefor; or or (iib) breach Breach or default by Borrower or any Loan Party Significant Subsidiary beyond the end of any grace period provided therefor with respect to any other material term of (1i) one any evidence of any Indebtedness (other than the Obligations and Non-Recourse Obligations) or any Contingent Obligation, in each case in an individual principal amount of $5,000,000 or more items or in an aggregate principal amount of such Indebtedness $10,000,000 or more, or (2ii) any loan agreement, mortgage, indenture indenture, or other agreement relating to such item(s) of Indebtedness, Indebtedness or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided thereforContingent Obligations, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that such Indebtedness or Contingent Obligations (or a trustee on behalf of such holder or holders), ) to cause, that such Indebtedness or Contingent Obligations to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may bebe (upon the giving or receiving of notice, lapse of time, both, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in fullotherwise); or

Appears in 2 contracts

Sources: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an aggregate principal amount of $25,000,000 10,000,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other term (other than Section 6.13 of the Revolving Credit Facility) of (1) one or more items of such Indebtedness or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Hydrofarm Holdings Group, Inc.), Credit and Guaranty Agreement (Hydrofarm Holdings Group, Inc.)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or premium on or interest on or any other amount in the nature of interest payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in with an aggregate principal amount of $25,000,000 15,000,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other material term of (1) one or more items of such Indebtedness or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(sone or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) of Indebtedness, or any other event or circumstance shall occurabove, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Boise Inc.)

Default in Other Agreements. (i) Failure of any Loan Party the Borrower or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a)Section 7.1) in an excess in the aggregate principal amount of $25,000,000 or more, in each case 75,000,000 beyond the end of any grace periodperiod provided therefor, if any, provided therefor; or (ii) breach or default by the Borrower or any Loan Party of its Subsidiaries with respect to any other material term of (1a) one or more items of such Indebtedness or (2b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the end of any grace periodperiod provided therefor, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 2 contracts

Sources: Credit Agreement (Assurant Inc), Credit Agreement (Assurant Inc)

Default in Other Agreements. (i) Failure of any Loan Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in with an aggregate principal amount of $25,000,000 3,000,000 or more, in each case more beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Party with respect to any other material term of (1A) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 2 contracts

Sources: Financing Agreement (Federal Signal Corp /De/), Financing Agreement (Federal Signal Corp /De/)

Default in Other Agreements. (i) Failure of any Loan Party Company or any of their respective its Subsidiaries to pay when due (a) any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a)subsection 8.1) or Contingent Obligations in an individual principal amount of $1,000,000 or more or with an aggregate principal amount of $25,000,000 1,000,000 or more, in each case beyond the end of any grace period, if any, period provided therefor, or (b) any dividends on or any other amounts payable in respect of the Convertible Series A Preferred Stock; or or (ii) breach or default by Company or any Loan Party of its Subsidiaries with respect to any other material term of (1a) one or more items of such Indebtedness or Contingent Obligations in the individual or aggregate principal amounts referred to in clause (2i) above or (b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, Indebtedness or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided thereforContingent Obligation(s), if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness or Contingent Obligation(s) (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness or Contingent Obligation(s) to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may bebe (upon the giving or receiving of notice, lapse of time, both, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in fullotherwise); or

Appears in 2 contracts

Sources: Credit Agreement (Korn Ferry International), Credit Agreement (Korn Ferry International)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an aggregate principal amount of $25,000,000 10,000,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other term (other than Section 6.8(a) of the Revolving Credit Facility) of (1) one or more items of such Indebtedness or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Default in Other Agreements. (i) Failure of any Loan Party the Borrower or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a)Section 7.1 above) in an aggregate principal amount excess of $25,000,000 or more, 20,000,000 in the aggregate and in each case beyond the end of any grace periodperiod provided therefor, if any, provided therefor; or (ii) breach or default by the Borrower or any Loan Party of its Subsidiaries with respect to any other material term of (1a) one or more items of such Indebtedness or (2b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the end of any grace periodperiod provided therefor, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 2 contracts

Sources: Bridge Loan Agreement (Hospira Inc), Term Loan Agreement (Hospira Inc)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in with an aggregate principal amount of $25,000,000 10,000,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other term of (1) one or more items of such Indebtedness or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Default in Other Agreements. (i) Failure of any Loan Party or any of their respective Restricted Subsidiaries to pay when due any principal of or interest on or any other amount amount, including any payment in settlement, payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.01(a)) in an individual principal amount (or Net ▇▇▇▇-to-Market Exposure) of $40,000,000 or more or with an aggregate principal amount (or Net ▇▇▇▇-to-Market Exposure) of $25,000,000 40,000,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Party with respect to any other material term of (1) one or more items of such Indebtedness in the individual or aggregate principal amounts (or Net ▇▇▇▇-to-Market Exposure) referred to in clause (i) above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 2 contracts

Sources: Credit Agreement (Altisource Portfolio Solutions S.A.), Credit Agreement (Altisource Portfolio Solutions S.A.)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount amount, including any payment in settlement, payable in respect of the Term Loan Facility or one or more other items of Indebtedness (other than Indebtedness referred to in clause (a)) in an aggregate principal amount of $25,000,000 or moreMaterial Indebtedness, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other term of (1) the Term Loan Facility Documents or one or more other items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Abl Credit and Guaranty Agreement (TiVo Corp)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an aggregate principal amount of, in the case of the Credit Parties, $25,000,000 4,000,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other material term of (1) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (2i) above or any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; provided, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect however, that the foregoing shall not apply to any default resulting solely from a provision of other Indebtedness permitted requiring repayment in the event of a change of control of the Parent or any cross-default or acceleration right in respect of a default under such other Indebtedness which relates solely to be repaid hereunder and which is so repaid in full)a change of control of the Parent; or

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Nuvox Inc /De/)

Default in Other Agreements. (i) Failure of any Loan Party or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a‎Section 8.01(a)) in an aggregate principal amount of $25,000,000 3,000,000 or more, in each case beyond the grace period, if any, provided therefor; , or (ii) breach or default by any Loan Party with respect to any other material term of (1A) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in subclause (i) above or (2B) any loan agreement, mortgage, indenture indenture, or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase, or defeasance of, or to cause any Loan Party or any of its Subsidiaries to make any offer to prepay, redeem, repurchase, or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Credit Agreement (Orbital Energy Group, Inc.)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than (1) Indebtedness referred to in clause Section 8.1(a) and (a)2) Indebtedness of the PHCMI Group Members to Omega, so long as such Indebtedness constitutes Designated Non- CREDIT AND GUARANTY AGREEMENT 434546.21-New York Server 3A - MSW Recourse Debt) in an individual or aggregate principal amount of $25,000,000 7,500,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other material term of (1) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Mariner Health Care Inc)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in with an aggregate principal amount of $25,000,000 15,000,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other term of (1) one or more items of such Indebtedness or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Restricted Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an aggregate a principal amount of $25,000,000 10,000,000 or more, in each case more beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other material term of (1) one or more items of such Indebtedness in the principal amounts referred to in clause (i) above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or (iii) breach or default by Company under the ▇. ▇▇▇▇ Swap or any other material Swap Agreement, if the effect of such breach or default is to require an offer permit the holder or holders of that Indebtedness to purchase terminate the ▇. ▇▇▇▇ Swap or redeem such Indebtedness be made (any other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder material Swap Agreement, and which is so repaid in full)all or substantially all of the outstanding transactions thereunder; or

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)

Default in Other Agreements. (i) Failure of any Loan Party the Borrower or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a)Section 7.1) in an excess in the aggregate principal amount of $25,000,000 or more, in each case 50,000,000 beyond the end of any grace periodperiod provided therefor, if any, provided therefor; or (ii) breach or default by the Borrower or any Loan Party of its Subsidiaries with respect to any other material term of (1a) one or more items of such Indebtedness or (2b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the end of any grace periodperiod provided therefor, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Credit Agreement (Assurant Inc)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to --------------------------- pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an individual or aggregate principal amount of $25,000,000 5,000,000 or more, in each case more or beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other material term of (1) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and 100 payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Focal Communications Corp)

Default in Other Agreements. (i) Failure of any Loan Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an individual or aggregate principal amount of $25,000,000 500,000 or more, in each case beyond the grace period, if any, provided therefor; , or (ii) breach or default by any Loan Party with respect to any other material term of (1A) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Financing Agreement (Usa Technologies Inc)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an individual principal amount of $5,000,000 or more or with an aggregate principal amount of $25,000,000 10,000,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other material term of (1) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; provided, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision however, with respect to any Indebtedness permitted failure to be repaid pay or breach or default under the Revolving Credit Agreement, such event shall only constitute an Event of Default hereunder and which to the extent there is so repaid an Event of Default (as defined in fullthe Revolving Credit Agreement) under subsections 8.1(a), (f) or (g) of the Revolving Credit Agreement; or

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Carmike Cinemas Inc)

Default in Other Agreements. (i) Failure of any Loan Party Holdings or Company or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a)subsection 8.1) or Contingent Obligations in an individual principal amount of $5,000,000 or more or with an aggregate principal amount of $25,000,000 15,000,000 or more, in each case beyond the end of any grace period, if any, period provided therefor; or (ii) breach or default by Holdings or Company or any Loan Party of their Subsidiaries with respect to any other material term of (1a) one or more items of such Indebtedness or Contingent Obligations in the individual or aggregate principal amounts referred to in clause (2i) above or (b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, Indebtedness or any other event or circumstance shall occur, Contingent Obligation(s) in each case beyond the grace period, if any, provided thereforsuch individual and aggregate principal amounts, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness or Contingent Obligation(s) (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness or Contingent Obligation(s) to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may bebe (upon the giving or receiving of notice, lapse of time, both, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in fullotherwise); or

Appears in 1 contract

Sources: Credit Agreement (Price Communications Wireless Inc)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an aggregate a principal amount of $25,000,000 750,000 or moremore (individually or in the aggregate), in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, Indebtedness if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Default in Other Agreements. (i) Failure of any Loan Party or any of their respective Subsidiaries to pay when due any principal of or of, interest on or any other amount payable in respect of one or more items any item of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an aggregate a principal amount of $25,000,000 500,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Party with respect to any other material term of (1A) one or more items any item of such Indebtedness in the principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Financing Agreement (Model N, Inc.)

Default in Other Agreements. (i) Failure of any Loan Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one (1) or more items of Indebtedness (other than Indebtedness referred to in clause (a)subsection 8.1) or Contingent Obligations in an aggregate principal amount of $25,000,000 75,000,000 or more, in each case more beyond the end of any grace period, if any, period provided therefor; or or (ii) breach or default by any Loan Party with respect to any other material term of (1a) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above or (2b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, therefor if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may bebe (upon the giving or receiving of notice, lapse of time, both, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in fullotherwise); or

Appears in 1 contract

Sources: Loan Agreement (Hexcel Corp /De/)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an aggregate principal amount of $25,000,000 15,000,000 or more, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other term (other than Section 6.8(a) of the Revolving Credit Facility) of (1) one or more items of such Indebtedness or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Douglas Dynamics, Inc)

Default in Other Agreements. (i) Failure of any Loan Party or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a)subsection 8.1) or Contingent Obligations, in each case, that is not subject to a stay in the Cases, in an aggregate individual principal amount of $25,000,000 500,000 or more, in each case beyond the end of any grace period, if any, period provided therefor; or or (ii) breach or default by any Loan Party or any of its Subsidiaries with respect to any other term of (1a) one or more items of such Indebtedness or Contingent Obligations, in each case, that is not subject to a stay in the Cases, in the individual or aggregate principal amounts referred to in clause (2i) above or (b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, Indebtedness or any other event or circumstance shall occurContingent Obligation(s), in each case beyond the any applicable grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness or Contingent Obligation(s) (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness or Contingent Obligation(s) to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Superpriority Debtor in Possession Credit Agreement (Propex Inc.)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective the OZ Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause Section 8.1 (a)) in an aggregate principal amount of $25,000,000 50,000,000 or moremore (including, but not limited to, Indebtedness incurred pursuant to the Existing Credit Agreement), in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to (x) any other terms in the case of Indebtedness incurred pursuant to the Existing Credit Agreement and (y) any other material term in the case of other Indebtedness, which in either case is, in the individual or aggregate principal amounts referred to in clause (1i) one above or more items of such Indebtedness or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or;

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

Default in Other Agreements. (i) Failure of any Loan Party Company or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of any Subordinated Indebtedness or one or more items of any other Indebtedness (other than Indebtedness referred to in clause (a)subsection 8.1) or Contingent Obligations in an individual principal amount of $3,000,000 or more or with an aggregate principal amount of $25,000,000 3,000,000 or more, in each case beyond the end of any grace period, if any, period provided therefor; or (ii) breach or default by Company or any Loan Party of its Subsidiaries with respect to any other material term of (1a) any Subordinated Indebtedness or one or more items of such any other Indebtedness or Contingent Obligations in the individual or aggregate principal amounts referred to in clause (2i) above or (b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, Indebtedness or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided thereforContingent Obligation(s), if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness or Contingent Obligation(s) (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness or Contingent Obligation(s) to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may bebe (upon the giving or receiving of notice, lapse of time, both, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in fullotherwise); or

Appears in 1 contract

Sources: Credit Agreement (Urs Corp /New/)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to --------------------------- pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (aSection 8.1(a)) in an individual or aggregate principal amount of $25,000,000 5,000,000 or more, in each case more or beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other material term of (1) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Focal Communications Corp)

Default in Other Agreements. (i) Failure of any Loan Party Company or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of any Subordinated Indebtedness or one or more items of any other Indebtedness (other than Indebtedness referred to in clause (a)subsection 8.1) or Contingent Obligations in an individual principal amount of $5,000,000 or more or with an aggregate principal amount of $25,000,000 5,000,000 or more, in each case beyond the end of any grace period, if any, period provided therefor; or (ii) breach or default by Company or any Loan Party of its Subsidiaries with respect to any other material term of (1a) any Subordinated Indebtedness or one or more items of such any other Indebtedness or Contingent Obligations in the individual or aggregate principal amounts referred to in clause (2i) above or (b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, Indebtedness or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided thereforContingent Obligation(s), if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness or Contingent Obligation(s) (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness or Contingent Obligation(s) to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may bebe (upon the giving or receiving of notice, lapse of time, both, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in fullotherwise); or

Appears in 1 contract

Sources: Credit Agreement (Urs Corp /New/)

Default in Other Agreements. (i) Failure of any Loan Party Borrower or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a)) in with an aggregate principal amount of $25,000,000 500,000 (other than the Palo Alto Lease or more, Indebtedness referred to in subsection 8.1) or Contingent Obligations with an aggregate face amount of $500,000 in each case beyond the end of any grace period, if any, period provided therefor; or (ii) breach or default by Borrower or any Loan Party of its Subsidiaries with respect to any other material term of (1a) one or more items of such Indebtedness with an aggregate principal amount of $500,000 (other than the Palo Alto Lease) or Contingent Obligations with an aggregate face amount of $500,000 or (2b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, Indebtedness or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided thereforContingent Obligation(s), if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness or Contingent Obligation(s) (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness or Contingent Obligation(s) to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may bebe (upon the giving or receiving of notice, lapse of time, both, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in fullotherwise); or

Appears in 1 contract

Sources: Credit Agreement (Wj Communications Inc)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount amount, including any payment in settlement, payable in respect of the ABL Facility or one or more other items of Indebtedness (other than Indebtedness referred to in clause (a)) in an aggregate principal amount of $25,000,000 or moreMaterial Indebtedness, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Credit Party with respect to any other term of (1) the ABL Facility Documents or one or more other items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or event or circumstance is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Credit and Guaranty Agreement (TiVo Corp)

Default in Other Agreements. (i) Failure of any Loan Credit Party or any of their respective Subsidiaries to pay when due (after giving effect to any applicable period of grace) any principal of or interest on or any other amount amount, including any payment in settlement, payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a)Section 8.1(a) and Non-Recourse Indebtedness) in an aggregate principal amount in excess of $25,000,000 50,000,000 or more(ii) the occurrence of an event of default or equivalent condition (which has not been permanently waived) with respect to such Indebtedness, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by any Loan Party with respect to any other term of (1) one or more items of such Indebtedness or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, or any other event or circumstance shall occur, in each case beyond the applicable grace period, if any, provided therefor, if the effect of such breach or event of default or event or circumstance equivalent condition is to cause, or to permit cause the holder or holders of that such Indebtedness (or a trustee or agent on behalf of such holder or holders), to cause, that such Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, or to require an offer to purchase or redeem such Indebtedness be made (other than any due on sale provision with respect to any Indebtedness permitted to be repaid hereunder and which is so repaid in full); or

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Northstar Realty Finance Corp.)