Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 3 contracts
Samples: Credit Agreement (Semtech Corp), Credit Agreement (Yellow Roadway Corp), Credit Agreement (Magellan Health Services Inc)
Default Under Other Agreements. (i) The U.S. Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required, but after giving effect to any applicable grace periods), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the U.S. Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 9.1(d) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,00075,000,000; or
Appears in 3 contracts
Samples: Credit Agreement (Owens Corning), Credit Agreement (Owens Corning), Credit Agreement (Owens Corning)
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent Administrative Agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any such Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled prepayment or required prepaymentprepayment (other than pursuant to a "due-on-sale" clause in a mortgage or similar security agreement) (unless such required prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 9.04 unless the aggregate outstanding principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Vestar Capital Partners Iv Lp), Credit Agreement (Gleason Corp /De/)
Default Under Other Agreements. (i) The Borrower or any of ------------------------------ its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of gracegrace or cure, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepaymentprepayment (including, without limitation, by reason of the occurrence of a change of control or other similar event), prior to the stated maturity thereof, provided that it shall not be a Default or an -------- Event of Default under clauses (i) or (ii) of this Section 10.04 unless the aggregate outstanding principal amount of all Indebtedness as described in preceding such clauses (i) and (ii) is at least $15,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Extended Stay America Inc), Credit Agreement (Extended Stay America Inc)
Default Under Other Agreements. (ia) The Borrower or any of its ------------------------------ Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (iib) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be due and payable (or shall become) due and payable, or be required to be prepaid other than by as a regularly scheduled required prepayment, result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof, provided that it shall not be a Default or constitute an Event of Default under pursuant to this Section 10.04 8.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (ia) and (iib) is above exceeds $3.0 million in the aggregate at least $15,000,000any one time; or
Appears in 2 contracts
Samples: Credit Agreement (MJD Communications Inc), Credit Agreement (MJD Communications Inc)
Default Under Other Agreements. (ia) The Borrower or any of its Subsidiaries Subsidiary shall (xi) default in any payment of with respect to any Indebtedness (other than the ObligationsObligations and any non-recourse indebtedness permitted to be incurred hereunder) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (iib) any Indebtedness of Borrower (other than the ObligationsObligations and any non-recourse indebtedness permitted to be incurred hereunder) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided, provided however, that it shall not be a Default or constitute an Event of Default under pursuant to this Section 10.04 9.04 unless the aggregate principal amount any such event referred to in clause (a) or (b) occurs with respect to one or more issues of all Indebtedness as described in preceding clauses (i) and (ii) is aggregating at least $15,000,00025.0 million or more; or
Appears in 2 contracts
Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc)
Default Under Other Agreements. (i) The Borrower Company, the Delaware Sub or any of its the Company’s other Subsidiaries shall shall:
(xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or or
(yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or maturity or
(iiiii) any Indebtedness (other than the Obligations) of the Borrower Company, the Delaware Sub or any of its the Company’s other Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, ; provided that it shall not be a Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,00050,000; or
Appears in 2 contracts
Samples: Purchase Agreement (Particle Drilling Technologies Inc/Nv), Purchase Agreement (Particle Drilling Technologies Inc/Nv)
Default Under Other Agreements. (i) The Borrower Company or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (ii) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled or other mandatory required prepaymentprepayment or by reason of optional prepayment or tender by the issuer at its discretion, prior to the stated maturity thereof, ; provided that it shall not be a Default or constitute an Event of Default under pursuant to this Section 10.04 9.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (i) and (ii) is above exceeds $20,000,000 at least $15,000,000any one time; or
Appears in 2 contracts
Samples: Global Revolving Credit Agreement (Sealed Air Corp/De), Global Revolving Credit Agreement (Sealed Air Corp/De)
Default Under Other Agreements. (i) The Borrower Magellan or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Magellan or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,00025,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Magellan Health Inc), Credit Agreement (Magellan Health Inc)
Default Under Other Agreements. (ia) The Borrower Any Credit Party or any of its their respective Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iib) any Indebtedness (other than the Obligations) of the Borrower any Credit Party or any of its their respective Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided, provided that that, it shall not be a Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ia) and (iib) is at least $15,000,00035,000,000; or
Appears in 2 contracts
Samples: Abl Credit Agreement (CVR Refining, LP), Abl Credit Agreement (CVR Energy Inc)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Pyramid Communication Services, Inc.), Credit Agreement (PAETEC Holding Corp.)
Default Under Other Agreements. (i) The Borrower PESCO or any of its Subsidiaries shall (x) default in any payment of any Indebtedness Funded Debt (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness Funded Debt was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness Funded Debt (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, beyond the applicable grace period or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness Funded Debt (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness Funded Debt to become due prior to its stated maturity, or (ii) any Indebtedness Funded Debt (other than the ObligationsNotes) of the Borrower PESCO or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness Funded Debt as described in preceding clauses (i) and (ii) is at least $15,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Pool Energy Services Co), Credit Agreement (Pool Energy Services Co)
Default Under Other Agreements. (i) The Borrower Borrowers or any of its their respective Restricted Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Borrowers or any of its their respective Restricted Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that (x) it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)
Default Under Other Agreements. (i) The Borrower Parent or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid (other than by (x) a regularly scheduled required prepaymentprepayment or (y) a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default)), prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000500,000; or
Appears in 2 contracts
Samples: Credit Agreement (SAExploration Holdings, Inc.), Credit Agreement (SAExploration Holdings, Inc.)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required, but after giving effect to any applicable grace periods), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 9.1(d) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000100,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Owens Corning), Credit Agreement (Owens Corning)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Infousa Inc), Credit Agreement (Infousa Inc)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of gracegrace or cure, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required, but beyond the period of grace or cure, if any, provided in the instrument or agreement under which such Indebtedness was created), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the ObligationsNotes) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0002,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Omniquip International Inc), Credit Agreement (Omniquip International Inc)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries Any Company shall (xA) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yB) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries Company shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 11.1(d) unless the aggregate principal amount of all Indebtedness as described in either of the preceding clauses (i) and or (ii) is at least $15,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Infousa Inc), Credit Agreement (Infousa Inc)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the ObligationsNotes) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided PROVIDED that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least (x) in the case of Indebtedness of the Borrower, $5,000,000 and (y) in the case of Indebtedness of any of its Subsidiaries, $15,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Alpine Group Inc /De/)
Default Under Other Agreements. (ia) The Borrower or any of its Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (iib) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be due and payable (or shall become) due and payable, or be required to be prepaid other than by as a regularly scheduled required prepayment, result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof, provided that it shall not be a Default or constitute an Event of Default under pursuant to this Section 10.04 8.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (ia) and (iib) is above (without duplication) exceeds $7,500,000 in the aggregate at least $15,000,000any one time; or
Appears in 2 contracts
Samples: Credit Agreement (Fairpoint Communications Inc), Credit Agreement (Fairpoint Communications Inc)
Default Under Other Agreements. (ia) The Borrower Holdings or any of its Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (iib) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided, provided that it shall not be a Default or constitute an Event of Default under pursuant to clause (a) or (b) of this Section 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness as described referred to in preceding clauses (ia) and (iib) is above, exceeds $4,000,000 at least $15,000,000any one time; or
Appears in 2 contracts
Samples: Credit Agreement (Quality Distribution Inc), Credit Agreement (Quality Distribution Inc)
Default Under Other Agreements. (i) The Borrower Parent or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) the Parent or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that that, it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,00010,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)
Default Under Other Agreements. (ia) The Borrower or any of its Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 8.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,00010,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Trump Hotels & Casino Resorts Funding Inc), Credit Agreement (Trumps Castle Funding Inc)
Default Under Other Agreements. (ia) The Any of the Parent Companies, Holdings, the US Borrower, the UK Borrower or any of its the Restricted Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) in excess of $20,000,000 in the aggregate, for the Parent Companies, Holdings, the US Borrower, the UK Borrower and such Subsidiaries, beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or (except in the case of Indebtedness consisting of any Hedge Agreement) any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (iib) without limiting the provisions of clause (a) above, any such Indebtedness (other than the ObligationsIndebtedness consisting of any Hedge Agreement) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Rockwood Specialties Group Inc), Credit Agreement (Rockwood Specialties Group Inc)
Default Under Other Agreements. (i) The Borrower REIT or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower REIT or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under clauses (i) or (ii) of this Section 10.04 9.04 unless the aggregate outstanding principal amount of all Indebtedness as described in preceding such clauses (i) and (ii) is at least $15,000,00010,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Eldertrust), Credit Agreement (Eldertrust)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that (x) it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,0002,500,000; or
Appears in 2 contracts
Samples: Credit Agreement (Coinmach Corp), Credit Agreement (Appliance Warehouse of America Inc)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,00010.0 million; or
Appears in 2 contracts
Samples: Credit Agreement (Shuffle Master Inc), Credit Agreement (Shuffle Master Inc)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the ObligationsNotes) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Hanger Orthopedic Group Inc), Credit Agreement (Hanger Orthopedic Group Inc)
Default Under Other Agreements. (i) The Any Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsObligations and intercompany loans) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsObligations and intercompany loans) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is requiredrequired but giving effect to any grace period), any such Indebtedness to become due prior to its stated maturity, maturity or (ii) any Indebtedness (other than the Obligations) of the any Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or constitute an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (i) and (ii) is at least above equals or exceeds $15,000,000125,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Default Under Other Agreements. (ia) The Borrower or any of its Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iib) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, ; provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ia) and (iib) is at least $15,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (NightHawk Radiology Holdings Inc), Credit Agreement (NightHawk Radiology Holdings Inc)
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any after all grace periods have run and applicable required notice is requiredhas been given), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid (other than by (x) a regularly scheduled required prepaymentprepayment or (y) a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default)), prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 12.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (Fintech Acquisition Corp. II)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due (and/or, in the case of an Interest Rate Protection Agreement or Other Hedging Agreement, to be terminated) prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payablepayable (and/or, in the case of an Interest Rate Protection Agreement or Other Hedging Agreement, to be terminated), or required to be prepaid (and/or terminated, as the case may be) other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,00025,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Lee Enterprises, Inc), Credit Agreement (Lee Enterprises Inc)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0003,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (National Research Corp), Credit Agreement (National Research Corp)
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that (x) it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,0001,500,000; or
Appears in 2 contracts
Samples: Credit Agreement (Chancellor Radio Broadcasting Co), Credit Agreement (Chancellor Broadcasting Co /De/)
Default Under Other Agreements. (ia) The Borrower or any of its Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (iib) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ia) and (iib) is at least $15,000,0001,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Iasis Healthcare Corp), Credit Agreement (Southwest General Hospital Lp)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required, but after giving effect to any applicable grace periods), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 9.1(d) unless (A) the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,00075,000,000 or (B) the Indebtedness described in preceding clauses (i) and (ii) arises under the Revolving Credit Agreement or the 364-Day Term Loan Agreement; or
Appears in 2 contracts
Samples: Term Loan Agreement (Owens Corning), Term Loan Agreement (Owens Corning)
Default Under Other Agreements. (i) The Borrower Parent or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) the Parent or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid prepaid, redeemed, defeased or repurchased other than by a regularly scheduled required prepaymentprepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) is at least iii), inclusive, exceeds $15,000,00010,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0007,500,000; or
Appears in 2 contracts
Samples: Credit Agreement (Bway Corp), Credit Agreement (Bway Corp)
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that (A) it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (H-R Window Supply Inc), Credit Agreement (Atrium Companies Inc)
Default Under Other Agreements. (ia) The Borrower or any of its Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (iib) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided PROVIDED that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ia) and (iib) is at least $15,000,00010,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Packaging Corp of America), Credit Agreement (Pca Valdosta Corp)
Default Under Other Agreements. (i) The Borrower Holdings or any of its Restricted Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Restricted Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof,, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,00050,000,000; or
Appears in 2 contracts
Samples: Credit Agreement and Subsidiaries Guaranty (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
Default Under Other Agreements. (i) The Holdings, the Borrower or any ------------------------------ of its their respective Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the Obligations) of Holdings, the Borrower or any of its their respective Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that (x) it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,0002,500,000; or
Appears in 2 contracts
Samples: Credit Agreement (Coinmach Laundry Corp), Credit Agreement (Coinmach Corp)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) in excess of $75,000,000 individually or $150,000,000 in the aggregate, for the Borrower and its Subsidiaries, beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice or lapse of time is required), any such Indebtedness to become due prior to its stated maturity, ; or (iib) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Rj Reynolds Tobacco Holdings Inc), Credit Agreement (Rj Reynolds Tobacco Holdings Inc)
Default Under Other Agreements. (i) The Holding, the Borrower or any of ------------------------------ its Subsidiaries shall (xi) default in any payment of in respect to any Indebtedness (other than the Obligations) in excess of $2,500,000 individually or $5,000,000 in the aggregate of the Borrower and its Subsidiaries beyond the period of grace, if any, provided in an the agreement or instrument or agreement under which such Indebtedness was created issued, including, but not limited to, the New Senior Note Documents and the Special Term Loan Documents, or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is requiredrequired to so cause), any such Indebtedness to become due prior to its stated maturity; or any such Indebtedness of Holding, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries such Subsidiary shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Jorgensen Earle M Co /De/), Credit Agreement (Jorgensen Earle M Co /De/)
Default Under Other Agreements. (ia) The Holdings, the Borrower or any of its Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (iib) any such Indebtedness (other than the Obligations) of Holdings, the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or constitute an Event of Default under pursuant to this Section 10.04 9.04 unless the aggregate principal amount of all such Indebtedness as described exceeds $2,500,000 individually or in preceding clauses (i) and (ii) is the aggregate at least $15,000,000any one time; or
Appears in 2 contracts
Samples: Acquisition Credit Agreement (Universal Outdoor Inc), Consolidation and Amendment (Universal Outdoor Inc)
Default Under Other Agreements. (i) The Borrower Company or any of its Subsidiaries or Material Joint Ventures shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries or Material Joint Ventures shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, thereof provided C/M 11752.0000 414856.1 that it shall not be a Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0001,000,000; or
Appears in 1 contract
Default Under Other Agreements. The Company or any Subsidiary of the Company shall (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of gracegrace (not to exceed thirty (30) days), if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) Notes or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the ObligationsNotes) of the Borrower Company or any Subsidiary of its Subsidiaries the Company shall be declared to be (or shall become) due and payable, or required by its terms to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,000500,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Any Borrower or any Subsidiary of its Subsidiaries FSA shall (xi) default in any payment of with respect to any Indebtedness equal to or in excess of $5,000,000 (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (iib) any such Indebtedness (other than the Obligations) of the any Borrower or any Subsidiary of its Subsidiaries FSA shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Financial Security Assurance Holdings LTD)
Default Under Other Agreements. (i) The Borrower Parent or any of its ------------------------------ Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided -------- that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0007,500,000; or
Appears in 1 contract
Default Under Other Agreements. The Company or any Subsidiary of the Company shall (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of gracegrace (not to exceed thirty (30) days), if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) Obligations or contained in any instrument or agreement evidencing, securing or relating thereto), or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Company or any Subsidiary of its Subsidiaries the Company shall be declared to be (or shall become) due and payable, or required by its terms to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,0002,500,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or created, (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (iiiii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled or other mandatory required prepayment, prior to the stated maturity thereof, ; provided that it shall not be a Default or constitute an Event of Default under pursuant to this Section 10.04 11.04 unless the aggregate principal 100 amount of all Indebtedness as described referred to in preceding clauses (i) and through (iiiii) is above exceeds $20,000,000 at least $15,000,000any one time; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (xi) default in any payment of any Indebtedness in an aggregate principal amount equal to or exceeding $1,000,000 (other than the ObligationsNotes and the Premier Notes) beyond the period of gracegrace (not to exceed 30 days), if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness in an aggregate principal amount equal to or exceeding $2,500,000 (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries Subsidiaries, in an aggregate principal amount equal to or exceeding $2,500,000, shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations, the TMS Intercompany Indebtedness, the Trico Marine Cayman Intercompany Loan, the Trico Supply Intercompany Loan Documentation and any other intercompany loans) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) the Borrower or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations, the TMS Intercompany Indebtedness, the Trico Marine Cayman Intercompany Loan, the Trico Supply Intercompany Loan Documentation and any other intercompany loans) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereofor, provided that it shall not be a Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) ), inclusive, is at least $15,000,00010,000,000; or
Appears in 1 contract
Default Under Other Agreements. (ia) The Any Borrower or any Subsidiary of its Subsidiaries FSA shall (xi) default in any payment of with respect to any Indebtedness equal to or in excess of $5,000,000 (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (iib) any such Indebtedness (other than the Obligations) of the any Borrower or any Subsidiary of its Subsidiaries FSA shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Financial Security Assurance Holdings LTD/Ny/)
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0005,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Global Cash Access Holdings, Inc.)
Default Under Other Agreements. (ia) The Borrower Holdings or any of its Subsidiaries shall shall, after the Petition Date, (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (iib) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall shall, other than as a result of the commencement of the Cases, be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower Company or any of its ------------------------------ Subsidiaries or Material Joint Ventures shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries or Material Joint Ventures shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, thereof provided that it shall not be a -------- Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0001,000,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower Parent or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) the Parent or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid prepaid, redeemed, defeased or repurchased other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 (x) if a Non-Recourse Default shall occur or be continuing, or (y) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) is at least iii), inclusive, exceeds $15,000,00010,000,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepaymentprepayment (or as a result of any sale of an asset securing such Indebtedness in accordance with the terms thereof), prior to the stated maturity thereof, provided PROVIDED that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0003,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Power Ten)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 8.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0005,000,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided PROVIDED that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0007,500,000; or
Appears in 1 contract
Samples: Credit Agreement (Big Flower Press Holdings Inc /Pred/)
Default Under Other Agreements. (i) The Borrower or any of ------------------------------ its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or,
Appears in 1 contract
Samples: Credit Agreement (Idt Corp)
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Material Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Material Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required, but after giving effect to any applicable grace periods), any such Indebtedness to become due prior to its stated maturity, or (ii) any Material Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 1 contract
Default Under Other Agreements. (ia) The Borrower Company or any of its Subsidiaries shall (xi) default in any payment of on or with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (iib) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof, provided ; PROVIDED that it shall not be a Default or constitute an Event of Default under pursuant to clause (a) or (b) of this Section 10.04 9.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness as described referred to in preceding clauses (ia) and (iib) is above, exceeds $5,000,000 at least $15,000,000any one time; or
Appears in 1 contract
Default Under Other Agreements. (i) The the Borrower or any of its Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond owed to any Lender, or having an unpaid principal amount of $100,000 or greater, and such default shall continue after the period of graceapplicable grace period, if any, provided specified in an the agreement or instrument or agreement under which relating to such Indebtedness was created Indebtedness, or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating theretothereto (and all grace periods applicable to such observance, performance or condition shall have expired), or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (ii) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepaymentprepayment or redemption, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000); or
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Default Under Other Agreements. (i) The Borrower Borrowers or any of its their respective Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Borrowers or any of its their respective Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that (x) it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,00020,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Furniture Brands International Inc)
Default Under Other Agreements. (i) The Borrower Parent or any of its Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,00010,000,000; or
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Default Under Other Agreements. (ia) The Borrower Company or any of its Subsidiaries shall (xi) default in any payment of any with respect to Indebtedness (other than the ObligationsLoans, but in any event, including after the execution and delivery thereof, Indebtedness under the Lloyd's Facility and the Life Facility) in excess of $30,000,000 individually or in the aggregate, for the Company and its Subsidiaries, beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice of acceleration, or any lapse of time prior to the effectiveness of any notice of acceleration, is required), any such Indebtedness to become due prior to its stated maturity, ; or (iib) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries in excess of $30,000,000 shall be declared to be (or shall become) due and payable, payable or required to be prepaid prepaid, other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
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Default Under Other Agreements. Any Restricted Party shall:
(i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or or
(yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or maturity or
(iiiii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries Restricted Party shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, ; provided that it shall not be a Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,0002.0 million; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the ObligationsNotes) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0003,500,000 (or in the case of currencies other than Dollars, the Dollar Equivalent thereof); or
Appears in 1 contract
Default Under Other Agreements. (ia) The Borrower Holdings or any of its Restricted Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturityStated Maturity, or (iib) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Restricted Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity Stated Maturity thereof, ; provided that it shall not be a Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ia) and (iib) is at least $15,000,000equal to the Threshold Amount; or
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Default Under Other Agreements. (i) The Borrower Apria or any of its Material Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the ObligationsIndebtedness referred to in Section 11.1) beyond the period of gracegrace (not to exceed ten days), if any, provided in an the instrument or agreement under which such Indebtedness was created or created, (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsIndebtedness referred to in Section 11.1) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders 73 80 of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the ObligationsIndebtedness referred to in Section 11.1) of the Borrower Apria or any of its Material Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 11.4 unless the aggregate principal amount of all Indebtedness as to which a default described in the preceding clauses (i) and through (iiiii) inclusive exists is at least $15,000,0002,500,000; or
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Default Under Other Agreements. (i) The Borrower Canadian Parent or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsObligations or any Intercompany Loans) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsObligations or any Intercompany Loans) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Canadian Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, payable prior to the stated maturity thereofthereof (other than, in the case of this clause (ii), any secured Indebtedness that is required to be prepaid as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness); provided that it shall not be a Default or an Event of Default under this Section 10.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Town Sports International Holdings Inc)
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) Holdings or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) through (iii), inclusive, exceeds $2,500,000 at any time prior to the Trigger Date and (ii) is $5,000,000 at least $15,000,000any time thereafter; or
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Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (iib) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, ; provided that it shall not be a Default or constitute an Event of Default under pursuant to clause (a) or (b) of this Section 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness as described referred to in preceding clauses (ia) and (iib) is at least above, equals or exceeds $15,000,00025,000,000; or
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Default Under Other Agreements. (i) The Borrower Parent or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) the Parent or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,0005,000,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Any Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsObligations and intercompany loans) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsObligations and intercompany loans) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is requiredrequired but giving effect to any grace period), any such Indebtedness to become due prior to its stated maturity, maturity or (ii) any Indebtedness (other than the Obligations) of the any Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or constitute an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (i) and (ii) above equals or exceeds $125,000,000250,000,000 ; provided further that the prior proviso shall not apply to any Incremental Equivalent Indebtedness that is at least $15,000,000secured; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower Parent or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) the Parent or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (iiiii) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid prepaid, redeemed, defeased or repurchased other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 11.04 (x) if a Non-Recourse Default shall occur or be continuing or (y) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) is at least iii), inclusive, exceeds $15,000,00010,000,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (xA) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yB) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or maturity or
(ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 11.01(d) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (id)(i) and (iid)(ii) is at least $15,000,0003,500,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Holdings, the Borrower or ------------------------------ any of its their respective Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the Obligations) of Holdings, the Borrower or any of its their respective Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the -80- stated maturity thereof, provided that (x) it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,0002,500,000; or
Appears in 1 contract
Default Under Other Agreements. (ia) The Any Borrower or any of its Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the ObligationsObligations and Indebtedness created or incurred prior to the Petition Date) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (iib) any such Indebtedness (other than the Obligations) of the a Borrower or any of its Subsidiaries shall be declared to be due and payable (or shall become) due and payable, or be required to be prepaid other than by as a regularly scheduled required prepayment, result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof, ; provided that it shall not be a Default or constitute an Event of Default under pursuant to this Section 10.04 8.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (ia) and (iib) is above (without duplication) exceeds $10,000,000 in the aggregate at least $15,000,000any one time; or
Appears in 1 contract
Default Under Other Agreements. (i) The Holdings, the Borrower or any of its their respective Subsidiaries (other than any Unrestricted Subsidiaries) shall (x) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (y) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (ii) any such Indebtedness (other than the Obligations) of Holdings, the Borrower or any of its their respective Subsidiaries (other than an Unrestricted Subsidiary) shall be declared by the holders thereof or a representative therefor to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, payable prior to the stated maturity thereof, ; provided that it shall not be a Default or constitute an Event of Default under pursuant to this Section 10.04 9.1 unless the aggregate principal amount of all such Indebtedness as described referred to in preceding clauses (i) and and/or (ii) is at least above exceeds $15,000,00010,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Williams Scotsman International Inc)
Default Under Other Agreements. (i) The General Partner or the Borrower or any of its Subsidiaries shall (xi) default in any payment of any Indebtedness (other than the ObligationsIndebtedness referred to in Section 10.01) beyond the period of gracegrace (not to exceed 10 days), if any, provided in an the instrument or agreement under which such Indebtedness was created or created, (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsIndebtedness referred to in Section 10.01) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the ObligationsIndebtedness referred to in Section 10.01) of the General Partner or the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (iiiii) inclusive, is at least $15,000,000100,000; or
Appears in 1 contract
Samples: Credit Agreement (Staff Leasing Inc)
Default Under Other Agreements. (i) The Borrower Holdings or any of its ------------------------------ Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or-------- Section
Appears in 1 contract
Samples: Credit Agreement (Nm Licensing LLC)
Default Under Other Agreements. (i) The Borrower Any Loan Party or any of its the Subsidiaries shall (xA) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yB) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or or
(ii) any Indebtedness (other than the Obligations) of the Borrower any Loan Party or any of its the Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 9.01(d) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (id)(i) and (iid)(ii) is at least $15,000,00010,000,000; oror 130
Appears in 1 contract
Samples: Credit Agreement (Biltmore Surgery Center Holdings Inc)
Default Under Other Agreements. (ia) The Borrower or any of its Subsidiaries shall (xi) default in any payment in respect of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an as the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (iib) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries such Subsidiary shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or constitute an Event of Default under pursuant to clause (a) or (b) of this Section 10.04 9.08 unless the aggregate principal amount of any one issue of such Indebtedness exceeds $2,500,000 or the aggregate amount of all such Indebtedness as described referred to in preceding clauses (ia) and (iib) is above exceeds $5,000,000 at least $15,000,000any one time; or
Appears in 1 contract
Samples: Credit Agreement (Hvide Marine Inc)
Default Under Other Agreements. The Company or any Subsidiary of the Company shall (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of gracegrace (not to exceed thirty (30) days), if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) Notes or contained in any instrument or agreement evidencing, securing or relating thereto), or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is requiredre- quired), any such Indebtedness to become due prior to its stated maturity, or (iiiii) any Indebtedness (other than the ObligationsNotes) of the Borrower Company or any Subsidiary of its Subsidiaries the Company shall be declared to be (or shall become) due and payable, or required by its terms to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided PROVIDED that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and through (ii) iii), inclusive, is at least $15,000,0002,500,000; or
Appears in 1 contract
Default Under Other Agreements. (i) The Any Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsNotes and the Intercompany Notes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes and the Intercompany Notes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is requiredrequired but giving effect to any grace period), any such Indebtedness to become due prior to its stated maturity, maturity or (ii) any Indebtedness (other than the Obligations) of the any Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or constitute an Event of Default under this Section 10.04 9.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (i) and (ii) is at least above equals or exceeds $15,000,0007,500,000; or
Appears in 1 contract
Default Under Other Agreements. (ia) The Borrower Parent or any of its Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (iib) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; PROVIDED, provided that it shall not be a Default or constitute an Event of Default under pursuant to clause (a) or (b) of this Section 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness as described referred to in preceding clauses (ia) and (iib) is above, exceeds $500,000 at least $15,000,000any one time; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of gracegrace or cure, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required, but beyond the period of grace or cure, if any, provided in the instrument or agreement under which such Indebtedness was created), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the ObligationsNotes) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0002,000,000; or
Appears in 1 contract
Default Under Other Agreements. (ia) The Borrower or any of its Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (iib) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be due and payable (or shall become) due and payable, or be required to be prepaid other than by as a regularly scheduled required prepayment, result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof, provided PROVIDED that it shall not be a Default or constitute an Event of Default under pursuant to this Section 10.04 8.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (ia) and (iib) is above exceeds $5.0 million in the aggregate at least $15,000,000any one time; or
Appears in 1 contract
Default Under Other Agreements. With respect to (w) the SSCF, (x) the Senior Notes, (y) the Senior Term Loan or (x) any other Indebtedness (other than the Obligations and intercompany Indebtedness) in an aggregate principal amount greater than $25,000,000, (i) The the Borrower or any of its Restricted Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) the Borrower or any of its Restricted Subsidiaries shall default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless 11.04 if a waiver of any of the aggregate principal amount of all Indebtedness as defaults described in the preceding clauses (i) and through (ii) is at least $15,000,000has been obtained; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in the payment when due, whether at stated maturity or otherwise, of any payment of amount pursuant to any Indebtedness (other than Indebtedness owed to the ObligationsLenders under the Loan Documents) in excess of $50,000,000 in the aggregate beyond the period of grace, grace if any, provided in an the instrument or agreement under which such Indebtedness was created created, or (yii) a default shall occur in the performance or observance or performance of any agreement or condition relating to under any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity, maturity or (iiiii) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid (other than by such Indebtedness that is required to be prepaid upon a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event “Change of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; orControl”
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower or any of ------------------------------ its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000; or-------- Section
Appears in 1 contract
Samples: Credit Agreement (Manitowoc Co Inc)
Default Under Other Agreements. (i) The the Borrower or any of its Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond owed to any Lender, or having an unpaid principal amount of $5,000,000 or greater, and such default shall continue after the period of graceapplicable grace period, if any, provided specified in an the agreement or instrument or agreement under which relating to such Indebtedness was created Indebtedness, or (yii) default in the 57 58 observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating theretothereto (and all grace periods applicable to such observance, performance or condition shall have expired), or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (ii) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepaymentprepayment or redemption, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,000); or
Appears in 1 contract
Samples: Credit Agreement (Royal Appliance Manufacturing Co)
Default Under Other Agreements. (i) The Borrower Holdings or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (ii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided PROVIDED that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,00012,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Vertis Inc)
Default Under Other Agreements. (i) The Holdings, the Borrower or any of its their respective Subsidiaries shall (x) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (y) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (ii) any such Indebtedness (other than the Obligations) of Holdings, the Borrower or any of its their respective Subsidiaries shall be declared by the holders thereof or a representative therefor to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, payable prior to the stated maturity thereof, provided ; PROVIDED that it shall not be a Default or constitute an Event of Default under pursuant to this Section 10.04 9.1 unless the aggregate principal amount of all such Indebtedness as described referred to in preceding clauses (i) and and/or (ii) is at least above exceeds $15,000,0005,000,000; or
Appears in 1 contract
Default Under Other Agreements. (ia) The Borrower Parent or any of its Subsidiaries shall (xi) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (yii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (iib) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; PROVIDED, provided that it shall not be a Default or constitute an Event of Default under pursuant to clause (a) or (b) of this Section 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness as described referred to in preceding clauses (ia) and (iib) is above, exceeds $1,000,000 at least $15,000,000any one time; or
Appears in 1 contract
Default Under Other Agreements. (i) The Borrower or any of its Subsidiaries shall (x) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (y) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined 57 without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (ii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $15,000,0001,000,000; or
Appears in 1 contract
Samples: Credit Agreement (First Horizon Pharmaceutical Corp)
