Defaults in Other Agreements. (A) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on (or, in respect of any Indebtedness set forth in clause (xi) of the definition of “Indebtedness,” any other amount), including any payment in settlement, payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in an aggregate principal amount (or Net Xxxx-to-Market Exposure) of $50,000,000 or more, in each case beyond the grace period, if any, provided therefor; or
(B) breach or default by any Credit Party with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts (or Net Xxxx-to-Market Exposure) referred to in clause (A) above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; provided that, notwithstanding the foregoing, solely with respect to the failures, breaches and defaults set forth in this Section 8.1(m) as they relate to the Revolving Credit Agreement in existence as of the Closing Date agented by Xxxxx Fargo Capital Finance LLC, and only if Holdings and its Subsidiaries are at such time holding Available Cash in excess of the amount necessary to satisfy in full all obligations thereunder and under all other Revolving Loan Debt, then any such failure, breach or default under such Revolving Credit Agreement (v) that is not related to a failure to pay when due any principal, interest or other amount thereon, (w) that is not related to any bankruptcy, dissolution or insolvency event, (x) with respect to which no party has accelerated payment, terminated commitments or exercised any remedies, (y) for which there is no grace period under the terms of such Revolving Credit Agreement and (z) that but for the applicability of this proviso would create an Event of Default under this Section 8.1(m), shall not create an Event of Default under this Section 8.1(m) until the date that is two Business Days after the date...
Defaults in Other Agreements. The Borrower fails to perform or observe any term, covenant, agreement or condition contained in, or there shall occur any default under or as defined in, any other agreement applicable to the Borrower with the Bank, or by which the Borrower is bound involving a liability of the Borrower in excess of One Million Dollars ($1,000,000) which shall not be remedied within the period of time (if any) within which such other agreement permits such default to be remedied, unless such default is waived by the other party thereto or excused as a matter of law.
Defaults in Other Agreements. A default in respect to any other obligation of the Borrower under any other agreement to which it is a party (other than the Loan Documents) which causes a Material Adverse Change and which such default is not cured within any applicable grace period;
Defaults in Other Agreements. The Borrower or any of the Other Loan Parties fails to perform or observe any term, covenant, agreement or condition contained in, or there shall occur any default under or as defined in, any other agreement applicable to the Borrower or any of the Other Loan Parties or by which any of them is bound involving a material liability of the Borrower or any of the Other Loan Parties which shall not be remedied within the period of time (if any) within which such other agreement permits such default to be remedied, unless such default is waived by the other party thereto or excused as a matter of law.
Defaults in Other Agreements. (i) A default in respect to any other obligation of the Borrowers under any other agreement to which it is a party (other than the Loan Documents) which causes a Material Adverse Change and which such default is not cured within any applicable grace period;
(i) The Borrowers or any Subsidiary shall fail to make any payment (whether of principal, interest, termination payment or other payment obligation and regardless of amount) in respect of any Material Indebtedness (other than the Obligations), when and as the same shall become due and payable (after giving effect to any applicable grace period).
(ii) Any event or condition shall occur that results in any Material Indebtedness becoming due or being terminated or required to be prepaid, repurchased, redeemed or defeased prior to its scheduled maturity, or that enables or permits (with or without the giving of notice, the lapse of time or both) the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedging Obligations, the applicable counterparty, to cause any Material Indebtedness to become due, or to terminate or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity; provided that this clause (iii) shall not apply to (A) any secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or (B) any Indebtedness that becomes due as a result of a voluntary refinancing thereof permitted under Section 8.2.1;
Defaults in Other Agreements. Any Borrower fails to perform or observe any term, covenant, agreement or condition contained in, or there shall occur any default under or as defined in any agreement of such Borrower (i) with the Bank which shall not be remedied within the period of time (if any) within which the applicable agreement permits such default to be remedied unless such default is waived by the Bank or exercised as a matter of law, or (ii) in any other agreement applicable to any Borrower or by which it is bound, involving a liability of such Borrower to a Person other than the Bank in the amount of $500,000 or more which shall not be remedied within the period of time (if any) within which such other agreement permits such default to be remedied, unless such default is waived by the other party thereto or excused as a matter of law, and the potential payment of which under this subparagraph (ii) would cause a breach of a financial covenant contained in Section 5.16 of this Agreement and such breach is not cured within thirty (30) days.
Defaults in Other Agreements. (i) Failure of the Borrower or any of its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 7.1(a)) or Contingent Obligations with an aggregate principal amount of $20,000,000 or more, in each case beyond the end of any grace period provided therefor; or (ii) breach or default by the Borrower or any of its Subsidiaries with respect to any other material term of (A) one or more items of Indebtedness or Contingent Obligations in the aggregate principal amounts referred to in clause (i) above or (B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Contingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of such Indebtedness or Contingent Obligation(s) or the beneficiary or beneficiaries of such Indebtedness or Contingent Obligation(s) (or a trustee or agent on behalf of such holder or holders or beneficiary or beneficiaries) to cause, that Indebtedness or Contingent Obligation(s) to become or be declared due and payable prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise); or (iii) breach or default of any payment obligation under any Secured Hedging Agreement following any applicable grace period; or
Defaults in Other Agreements. CONSENTS; CONFLICTING AGREEMENTS. Guarantor is not in default under any agreement to which it is a party or by which it or any of its Property is bound, the effect of which default could have a Material Adverse Effect. No authorization, consent, approval or other action by, and no notice to or filing with, any Governmental Body or any other Person which has not already been obtained, taken or filed, as applicable, is required (i) for the due execution, delivery or performance by Guarantor of any of the Instruments to which it is a party or (ii) as a condition to the validity or enforceability of such Instruments or any of the transactions contemplated thereby or the priority of the Security Interests granted to Agent by Guarantor pursuant to the Amended and Restated Stock Pledge Agreement (CBC Common Stock). No provision of any mortgage, indenture, contract, agreement, statute, rule, regulation, judgment, decree or order binding on Guarantor or affecting the Property of Guarantor conflicts with, or requires any consent which has not already been obtained under, or would in any way prevent the execution, delivery or performance of the terms of any of the Instruments to which Guarantor is a party or affect the validity or priority of the Security Interests granted by Guarantor to Agent pursuant to the Amended and Restated Stock Pledge Agreement (CBC Common Stock). The execution, delivery and performance of the terms of such Instruments will not constitute a default under, or, except for the applicable Loan Instruments, result in the creation or imposition of, or obligation to create, any Lien upon the Property of Guarantor pursuant to the terms of any such mortgage, indenture, contract or agreement.
Defaults in Other Agreements. The Borrowers, individually or collectively, fail to perform or observe any material term, covenant, agreement or condition contained in any other agreement applicable to the Borrowers (except for financial covenants contained in any other agreement between First Union and any of the Borrowers that are superseded by the financial covenants set forth on Schedule 5.16) or by which they are individually or collectively bound involving a material liability of any Borrower which shall not be remedied within the period of time (if any) within which such other agreement permits such default to be remedied, unless such default is waived by the other party thereto or excused as a matter of law.
Defaults in Other Agreements. 18 4.10 Tax Returns and Payments................................................... 18 4.11
