Default in Other Agreements. Failure of Company or any of 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 subsection 7.1) or Guarantees with an aggregate principal amount of $5,000,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by Company or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement), mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period; or
Appears in 2 contracts
Samples: Axel Credit Agreement (Amscan Holdings Inc), Axel Credit Agreement (JCS Realty Corp)
Default in Other Agreements. (i) Failure of Company any Credit Party or any of its 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 subsection 7.1Section 9.01(a) or Guarantees with respect to Secured Hedge Agreements) in an aggregate principal amount of $5,000,000 35,000,000 or more, in each case beyond the end of any grace period period, if any, provided therefor; therefor or (ii) breach or default by Company or any of its Subsidiaries Credit Party with respect to any other material term of (a1) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts referred to in clause (i) above or (b2) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s)Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) ), to cause, that Indebtedness or Guarantee(s) 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 (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace periodbe; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Digitalglobe, Inc.), Credit and Guaranty Agreement (Digitalglobe Inc)
Default in Other Agreements. (i) Failure of Company any Loan Party or any of its 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 subsection 7.1(a) or Guarantees above) with an aggregate principal amount of $5,000,000 20,000,000 or more, in each case beyond the end of any grace period period, if any, provided therefor; or (ii) breach or default by Company or any of its Subsidiaries Loan Party with respect to any other material term of (a1) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts referred to in clause (i) above or (b2) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s)Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(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 (upon be; provided that with respect to any breach or default with respect to Section 6.18 of the giving or receiving of noticeSenior Secured Asset-Based Revolving Credit Facility, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 constitute an Event of Default under this Agreement if such failure, event or condition is not cured or waived within 60 days beyond any applicable grace periodafter the occurrence of such breach or default; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of Company any Credit Party or any of its 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 subsection 7.1Section 8.1(a)) or Guarantees with an aggregate in a principal amount of $5,000,000 10,000,000 or more, in each case more beyond the end of any grace period period, if any, provided therefor; or (ii) breach or default by Company or any of its Subsidiaries Credit Party with respect to any other material term of (a1) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts referred to in clause (i) above or (b2) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s)Indebtedness, in each case beyond the grace period, if any, provided therefor, if 125 the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) ), to cause, that Indebtedness or Guarantee(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 be; or (upon iii) breach or default by Company under the giving or receiving Swap Agreement, if the effect of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace periodis to permit the holder or holders of that Indebtedness to terminate the Swap Agreement and all or substantially all of the outstanding transactions thereunder; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)
Default in Other Agreements. (i) Failure of Company any Credit Party or any of its 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 subsection 7.1Section 8.1(a)) in an individual principal amount of $10,000,000 or Guarantees more or with an aggregate principal amount of $5,000,000 15,000,000 or more, in each case beyond the end of any grace period period, if any, provided therefor; or (ii) breach or default by Company or any of its Subsidiaries Credit Party with respect to any other material term of (a1) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts referred to in clause (i) above or (b2) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s)Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) ), to cause, that Indebtedness or Guarantee(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 (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace periodbe; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of Company Borrower or any of 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 subsection 7.1) or Guarantees with an aggregate principal amount of $5,000,000 500,000 (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 provided therefor; or (ii) breach or default by Company Borrower or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees in the individual or with an aggregate principal amounts referred to in clause amount of $500,000 (iother than the Palo Alto Lease) above or Contingent Obligations with an aggregate face amount of $500,000 or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
Appears in 1 contract
Default in Other Agreements. (i) Failure of Company or any of 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 subsection 7.18.1) or Guarantees with Contingent Obligations in an aggregate principal amount of $5,000,000 1,000,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by Company or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees Contingent Obligations in the individual or aggregate principal amounts amount referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
Appears in 1 contract
Samples: Credit Agreement (Blackbaud Inc)
Default in Other Agreements. (i) Failure of Company or any of its Subsidiaries Credit Party 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 subsection 7.1Section 8.1(a)) or Guarantees with in an aggregate individual principal amount of $5,000,000 [**] or more, in each case more or beyond the end of any grace period period, if any, provided therefor; or (ii) breach or default by Company or any of its Subsidiaries Credit Party with respect to any other material term of (a1) one or more items of Indebtedness or Guarantees in the CREDIT AND GUARXXXX XXXXXXXXX 000000-Xxx Xxxx Xxxver 7A 80 individual or aggregate principal amounts referred to in clause (i) above or (b2) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s)Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) ), to cause, that Indebtedness or Guarantee(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 (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace periodbe; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of Company or any of 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 subsection 7.1) or Guarantees with in an aggregate individual principal amount of $5,000,000 10,000,000 or more or (b) any Contingent Obligation in an individual principal amount of $10,000,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by Company or any of its Subsidiaries with respect to any other material term of (a) one any evidence of any Indebtedness in an individual principal amount of $10,000,000 or more items or any Contingent Obligation in an individual principal amount of Indebtedness $10,000,000 or Guarantees in the individual or aggregate principal amounts referred to in clause (i) above more or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, 94 102 indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be be; PROVIDED that, in the case of clause (upon the giving ii), such failure, default or receiving breach has not been waived by such holder or holders (or a trustee on behalf of notice, lapse of time, both, such holder or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace periodholders); or
Appears in 1 contract
Samples: Credit Agreement (Libbey Inc)
Default in Other Agreements. (i) Failure of Company any Borrower or any of 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 subsection 7.18.1) or Guarantees with Contingent Obligations in an aggregate principal amount of $5,000,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by Company any Borrower or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
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Default in Other Agreements. (i) Failure of Company any Borrower or any of 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 subsection 7.18.1) or Guarantees with Contingent Obligations in an aggregate principal amount of $5,000,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by Company any Borrower or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated 140 maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Goss Graphic Systems Inc)
Default in Other Agreements. (i) Failure of the Company or any of its Material Subsidiaries or (after the Closing Date) Target or any of its Subsidiaries which is a Material 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 in subsection 7.18.1) or Guarantees with Contingent 162 Obligations in an aggregate principal amount of $5,000,000 10,000,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by Company or any of its Material Subsidiaries or (after the Closing Date) Target or any of its Subsidiaries which is a Material Subsidiary with respect to any other material term of (a) one or more items of Indebtedness or Guarantees Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Lincoln Electric Holdings Inc)
Default in Other Agreements. (i) Failure of Company or any of 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 subsection 7.18.1) or Guarantees with Contingent Obligations in either an individual or an aggregate principal amount of $5,000,000 500,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by Company or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above above, but without duplication as to Indebtedness supported by a Contingent Obligation, or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
Appears in 1 contract
Default in Other Agreements. Failure of Company (i) Any Credit Party or any of its their respective Subsidiaries to pay when shall (i) default in any payment of principal or interest, regardless of the amount, due any principal of or interest on or any other amount payable in respect of one or more items of any Indebtedness (other than Indebtedness referred to in subsection 7.1the Obligations) or Guarantees with an aggregate principal amount of aggregating $5,000,000 or more, in each case greater beyond the end period of any grace period grace, if any, provided thereforin the instrument or agreement under which such Indebtedness was created, and whether or not such default has been waived by the holders of such Indebtedness; or (ii) breach or default by Company or any of its Subsidiaries Credit Party with respect to any other material term of (a1) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts referred to in clause (i) above or (b2) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s)Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) ), to cause, that Indebtedness or Guarantee(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 (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace periodbe; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Entravision Communications Corp)
Default in Other Agreements. (i) Failure of Company or any of its Subsidiaries Credit Party 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 subsection 7.1Section 8.1(a)) or Guarantees with in an aggregate principal amount of, in the case of the Credit Parties, $5,000,000 4,000,000 or more, in each case beyond the end of any grace period period, if any, provided therefor; or (ii) breach or default by Company or any of its Subsidiaries Credit Party with respect to any other material term of (a) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s)Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) ), to cause, that Indebtedness or Guarantee(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 (upon be; provided, however, that the giving foregoing shall not apply to any default resulting solely from a provision of other Indebtedness requiring repayment in the event of a change of control of the Parent or receiving any cross-default or acceleration right in respect of notice, lapse a default under such other Indebtedness which relates solely to a change of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace periodcontrol of the Parent; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of the Company or any of 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 subsection 7.18.1) in a principal amount outstanding of $5,000,000 or Guarantees with an aggregate more or (b) any Guaranty Obligation in a principal amount of $5,000,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by the Company or any of its Subsidiaries with respect to any other material term of (a) one any evidence of any Indebtedness in a principal amount of $5,000,000 or more items or any Guaranty Obligation in a principal amount of Indebtedness $5,000,000 or Guarantees in the individual or aggregate principal amounts referred to in clause (i) above more or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sGuaranty Obligation(s), or the occurrence of any other event, condition or circumstance in respect of any such Indebtedness or Guaranty Obligations if in any case under this clause (ii) the effect of such breach or default or event, condition or circumstance is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sGuaranty Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sGuaranty 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 (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period; or).
Appears in 1 contract
Samples: Credit Agreement (Transportation Technologies Industries Inc)
Default in Other Agreements. (i) Failure of Company any Credit Party or any of its 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 subsection 7.1Section 8.1(a)) in an individual principal amount of $500,000 or Guarantees more or with an aggregate principal amount of $5,000,000 1,000,000 or more, in each case beyond the end of any grace period period, if any, provided therefor; or (ii) breach or default by Company or any of its Subsidiaries Credit Party with respect to any other material term of (a1) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts referred to in clause (i) above or (b2) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s)Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) ), to cause, that Indebtedness or Guarantee(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 (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace periodbe; or
Appears in 1 contract
Default in Other Agreements. Failure (i) Except to the extent a part of Company the UK Restructuring with respect to certain intercompany Indebtedness, failure of Borrower or any of 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 subsection 7.18.1) or Guarantees Contingent Obligations in an individual principal amount of $1,000,000 or more or with an aggregate principal amount of $5,000,000 or more, in each case beyond the end of any grace period provided therefortherefor (or, in the case of any such Indebtedness that is intercompany Indebtedness, beyond thirty (30) days after such failure); or (ii) breach or default by Company Borrower or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
Appears in 1 contract
Samples: Credit Agreement (Joy Global Inc)
Default in Other Agreements. (i) Failure of Company any Credit Party or any of its 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 subsection 7.1Section 8.1(a)) or Guarantees with an aggregate principal amount of $5,000,000 5.0 million or more, in each case beyond the end of any grace period period, if any, provided therefor; or (ii) breach or default by Company or any of its Subsidiaries Credit Party with respect to any other material term of of, or any other condition or event shall occur under, (a1) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts amount referred to in clause (i) above or (b2) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s)Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default or condition or event is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) ), to cause, that Indebtedness or Guarantee(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 (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace periodbe; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)
Default in Other Agreements. (i) Failure of Company any Credit Party or any of 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 subsection 7.1Section 8.1(a)) or Guarantees with in an aggregate principal amount of $5,000,000 1,000,000 or more, in each case beyond the end of any grace period or cure period, if any, provided therefor; or (ii) breach or default by Company any Credit Party or any of its Subsidiaries with respect to any other material term of (aA) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts amount referred to in clause (i) above above, or (bB) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace or Guarantee(s)cure period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) ), to cause, that Indebtedness or Guarantee(s) 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 (upon the giving be; or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period; or91
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Default in Other Agreements. Failure of Company Holding or Borrower or any of its their respective Subsidiaries to pay when due (i) any principal of or interest on any item or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in subsection 7.18.1) in an individual or Guarantees with an aggregate principal amount of $5,000,000 2,500,000 or more, or (ii) any one or more Contingent Obligations in an individual or aggregate principal amount of $2,500,000 or more, in each case beyond the end of any grace period provided thereforprior to which the obligee is prohibited from accelerating payment thereunder; or (ii) breach Breach or default by Company of Holding or Borrower or any of its their respective Subsidiaries with respect to any other material term of (ai) one any evidence of any item or more items of Indebtedness or Guarantees in the an individual or aggregate principal amounts referred to amount of $2,500,000 or more or any one or more Contingent Obligations in clause (i) above an individual or aggregate principal amount of $2,500,000 or more, or (bii) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating thereto, with respect to such item(sIndebtedness with an aggregate principal amount of $2,500,000 or more, if, in the case of either clause (i) or clause (ii) of Indebtedness or Guarantee(s)this paragraph, if the effect of such failure, default or breach or default is then to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) Contingent Obligation (or a trustee on behalf of such holder or holders) then to cause, that Indebtedness or Guarantee(s) Contingent Obligation to become or be declared due and payable prior to its stated maturity (or the stated maturity of any underlying obligation, as the case may be (upon the giving be); or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period; or121
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Samples: Credit Agreement (Blue Bird Corp)
Default in Other Agreements. (i) Failure of Company or any of 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 subsection 7.18.1) or Guarantees with Contingent Obligations in an aggregate principal amount of $5,000,000 1,000,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by Company or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
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Samples: Credit Agreement (Digitas Inc)
Default in Other Agreements. (i) Failure of Company or any of its Subsidiaries to pay when due any principal of or interest on or any other amount payable amounts (to the extent such other amounts are in excess of $750,000) owing in respect of on one or more items of Indebtedness (other than Indebtedness referred to in subsection 7.18.1) or Guarantees Contingent Obligations in an individual principal amount of $750,000 or more or with an aggregate principal amount of $5,000,000 3,000,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by Company (which breach or default occurs or continues after the Closing Date) or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
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Default in Other Agreements. (i) Failure of Company or any of 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 subsection 7.18.1) or Guarantees Contingent Obligations with an aggregate principal amount of $5,000,000 250,000 or more, in each case 174 183 beyond the end of any grace period provided therefor; or (ii) breach or default by Company or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
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Default in Other Agreements. (i) Failure of Company any Credit Party or any of its 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 subsection 7.1Section 8.1(a)) in an individual principal amount of $5,000,000 or Guarantees more or with an aggregate principal amount of $5,000,000 10,000,000 or more, in each case beyond the end of any grace period period, if any, provided therefor; or (ii) breach or default by Company or any of its Subsidiaries Credit Party with respect to any other material term of (a1) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts referred to in clause (i) above or (b2) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s)Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) ), to cause, that Indebtedness or Guarantee(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 (upon the giving be; provided, however, with respect to any failure to pay or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default under the Revolving Credit Agreement, such event shall continue for 20 days beyond any applicable grace periodonly constitute an Event of Default hereunder to the extent there is an Event of Default (as defined in the Revolving Credit Agreement) under subsections 8.1(a), (f) or (g) of the Revolving Credit Agreement; or
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Samples: Credit and Guaranty Agreement (Carmike Cinemas Inc)
Default in Other Agreements. (i) Failure of Company any Credit Party or any of its 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 subsection 7.1Section 8.1(a)) or Guarantees with in an aggregate principal amount of $5,000,000 500,000 or moremore (any such Indebtedness, “Material Debt”), in each case beyond the end of any grace period period, if any, provided therefor; or (ii) breach or default by Company or any of its Subsidiaries Credit Party with respect to any other material term of (a1) one or more items of Indebtedness or Guarantees in the individual or aggregate principal amounts amount referred to in clause (i) above above, or (b2) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(s)Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(s) (or a trustee on behalf of such holder or holders) ), to cause, that Indebtedness or Guarantee(s) 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 (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace periodbe; or
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Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)
Default in Other Agreements. (i) Failure of Company Borrower or any of 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 subsection 7.18.1) or Guarantees with Contingent Obligations in an aggregate principal amount of $5,000,000 2,500,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by Company Borrower or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
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Default in Other Agreements. (i) Failure of Company BCC or any of 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 subsection 7.1) or Guarantees Contingent Obligations with an aggregate principal amount of $5,000,000 1,000,000 or more, in each case more beyond the end of any grace period provided therefor; or (ii) breach or default by Company BCC or any of its Subsidiaries with respect to any other material term of (a) one or more items of Indebtedness or Guarantees Contingent Obligations in the individual or aggregate principal amounts amount referred to in clause (i) above or (b) any loan agreement (including the Revolving Credit Agreement)agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Guarantee(sContingent Obligation(s), if the effect of such breach or default 108 is to cause, or to permit the holder or holders of that Indebtedness or Guarantee(sContingent Obligation(s) (or a trustee on behalf of such holder or holders) to cause, that Indebtedness or Guarantee(sContingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise) and in either case such breach or default shall continue for 20 days beyond any applicable grace period); or
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