Common use of Defaults in Other Agreements or Indebtedness Clause in Contracts

Defaults in Other Agreements or Indebtedness. (i) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtedness, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (ii) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (a) any Permitted Indebtedness, (b) [reserved], (c) the 2013 Bonds or the 2014 Bonds, or (d) the Specified IDB Obligations, or (iii) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement);

Defaults in Other Agreements or Indebtedness. (ia) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtednessborrowed money or the extension of credit or any other Indebtedness under which any Borrower or Subsidiary of any Borrower may be obligated as a borrower or guarantor in excess of $25,000,000.00 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (iib) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (a) any Permitted Indebtedness, (bi) [reserved], (cii) [reserved], (iii) the 2013 Bonds or the 2014 Bonds, or (div) the Specified IDB Obligations, or (iiic) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement);

Defaults in Other Agreements or Indebtedness. (ia) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtednessborrowed money or the extension of credit or any other Indebtedness under which any Borrower or Subsidiary of any Borrower may be obligated as a borrower or guarantor in excess of $25,000,000.00 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (iib) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (ai) any Permitted Indebtednessthe Convertible Debt Documents (ii) the 2009 Bonds, (b) [reserved], (ciii) the 2013 Bonds or the 2014 2010 Bonds, or (div) the Specified IDB Obligations, or (iiic) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement);

Defaults in Other Agreements or Indebtedness. (i) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtedness, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunderthereunder (other than the termination of the BTMU Purchase Agreement or the Orbian Facility Agreement with respect to the Aerostructures Filing Entities in connection with Voluntary Insolvency Proceedings in accordance with Section 9.1.15), or (ii) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (a) any Permitted Indebtedness, (b) [reserved], (c) the 2013 Bonds or the 2014 Bonds, or (d) the Specified IDB Obligations, or (iii) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement);

Defaults in Other Agreements or Indebtedness. (ia) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtednessborrowed money or the extension of credit or any other Indebtedness under which any Borrower or Subsidiary of any Borrower may be obligated as a borrower or guarantor in excess of $25,000,000.00 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (iib) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (ai) any Permitted Indebtednessthe Convertible Debt Documents (ii) the Xxxxxx Term Loans, (biii) [reserved]the 2009 Bonds, (civ) the 2013 Bonds Xxxxxx Bridge Loans or the 2014 (v) the 2010 Bonds, or (d) the Specified IDB Obligations, or (iiic) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement);

Defaults in Other Agreements or Indebtedness. (ia) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtednessborrowed money or the extension of credit or any other Indebtedness under which any Borrower or Subsidiary of any Borrower may be obligated as a borrower or guarantor in excess of $25,000,000.00 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (iib) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (ai) any Permitted Indebtednessthe Convertible Debt Documents (ii) the Vxxxxx Term Loans, (biii) [reserved]the 2009 Bonds, (civ) the 2013 Bonds or Vxxxxx Bridge Loans, (v) the 2014 2010 Bonds, or (dvi) the Specified IDB Obligations, or (iiic) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement);.” (l) Section 8.2.5.1 [Application of Proceeds] of the Credit Agreement is hereby amended in its entirety to read as follows: 8.2.5.1 Application of Proceeds. From and after the date on which the Administrative Agent has taken any action pursuant to this Section 8.2, and until all Obligations of the Borrowers have been paid in full, any and all proceeds received by the Administrative Agent from any sale or other disposition of the Collateral, or any part thereof, or on account of the exercise of other remedies by the Administrative Agent, shall, subject to the Intercreditor Agreement and the Collateral Agency Agreement, be applied as described in Section 6.5 of the Guarantee and Collateral Agreement.” (m) Section 8.2.5.2 [Collateral Sharing] of the Credit Agreement is hereby amended and restated in its entirety to read as follows:

Defaults in Other Agreements or Indebtedness. (ia) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtednessborrowed money or the extension of credit or any other Indebtedness under which the Borrower may be obligated as a borrower or guarantor in excess of $15,000,000.00 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness indebtedness (and whether or not such right shall not have been waived) or the termination of any commitment to lend thereunder, lend; or (b) A default or (ii) without limiting the foregoing, there occurs and is continuing any event of default giving rise shall occur at any time under the terms of any agreement involving any off balance sheet transaction (including any asset securitization, sale/leaseback transaction, or Synthetic Lease) with obligations in the aggregate thereunder for which the Borrower may be obligated in excess of $15,000,000.00, and such breach, default or event of default consists of the failure to a right pay (beyond any period of grace permitted with respect thereto, whether waived or not) any obligation when due (whether at stated maturity, by acceleration or termination under otherwise) or if such breach or default permits or causes the acceleration of any obligation (awhether or not such right shall have been waived) any Permitted Indebtedness, (b) [reserved], (c) the 2013 Bonds or the 2014 Bonds, or (d) the Specified IDB Obligations, or (iii) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result termination of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement)any such agreement;

Defaults in Other Agreements or Indebtedness. (ia) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtednessborrowed money or the extension of credit or any other Indebtedness (including without limitation any Other Lender Provided Financial Service Product) under which the Borrower may be obligated as a borrower or guarantor in excess of $15,000,000.00 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness indebtedness (and whether or not such right shall not have been waived) or the termination of any commitment to lend thereunder, lend; or (b) A default or (ii) without limiting the foregoing, there occurs and is continuing any event of default giving rise shall occur at any time under the terms of any agreement involving any off balance sheet transaction (including any asset securitization, sale/leaseback transaction, or Synthetic Lease) with obligations in the aggregate thereunder for which the Borrower may be obligated in excess of $15,000,000.00, and such breach, default or event of default consists of the failure to a right pay (beyond any period of grace permitted with respect thereto, whether waived or not) any obligation when due (whether at stated maturity, by acceleration or termination under otherwise) or if such breach or default permits or causes the acceleration of any obligation (awhether or not such right shall have been waived) any Permitted Indebtedness, (b) [reserved], (c) the 2013 Bonds or the 2014 Bonds, or (d) the Specified IDB Obligations, or (iii) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result termination of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement)any such agreement;

Defaults in Other Agreements or Indebtedness. (i) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtednessborrowed money or the extension of credit or any other Indebtedness under which the Borrower may be obligated as a borrower or guarantor in excess of $10,000,000 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness indebtedness (and whether or not such right shall not have been waived) or the termination of any commitment to lend thereunder, or lend; or (ii) without limiting the foregoing, there occurs and is continuing any A default or event of default giving rise shall occur at any time under the terms of any agreement involving any off balance sheet transaction (including any asset securitization, sale/leaseback transaction, or Synthetic Lease) with obligations in the aggregate thereunder for which the Borrower may be obligated in excess of $10,000,000, and such breach, default or event of default consists of the failure to a right pay (beyond any period of grace permitted with respect thereto, whether waived or not) any obligation when due (whether at stated maturity, by acceleration or termination under otherwise) or if such breach or default permits or causes the acceleration of any obligation (awhether or not such right shall have been waived) any Permitted Indebtedness, (b) [reserved], (c) the 2013 Bonds or the 2014 Bonds, or (d) the Specified IDB Obligations, or (iii) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result termination of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement)any such agreement;

Defaults in Other Agreements or Indebtedness. (ia) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtednessborrowed money or the extension of credit or any other Indebtedness under which any Borrower or Subsidiary of any Borrower may be obligated as a borrower or guarantor in excess of $10,000,000.00 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunderlend, or (iib) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (a) any Permitted Indebtedness, (b) [reserved], (c) the 2013 Bonds or the 2014 BondsConvertible Debt Documents, or (d) the Specified IDB Obligations, or (iiic) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement);

Defaults in Other Agreements or Indebtedness. (ia) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtednessborrowed money or the extension of credit or any other Indebtedness under which any Borrower or Subsidiary of any Borrower may be obligated as a borrower or guarantor in excess of $25,000,000.00 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (iib) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (ai) any Permitted Indebtednessthe Convertible Debt Documents, (bii) [reserved]the 2010 Bonds, (ciii) the 2013 Bonds or the 2014 Bonds, or (div) the Specified IDB Obligations, or (iiic) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement);

Defaults in Other Agreements or Indebtedness. (i) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtednesswith respect to Indebtedness or any other credit extension in an aggregate principal amount (including undrawn committed or available amounts) in excess of $5,750,000, or with respect to any Hedge Agreement, the Hedge Termination Value of which is equal to or in excess of the Threshold Amount and such breach, default or event of default consists of (i) arises from the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material related Indebtedness or other credit extensions when due (whether at stated maturity, by acceleration or otherwise) or (ii) the effect of which 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, with the giving of notice and/or lapse of time, if such breach or default permits or causes required, the acceleration of any such Material related Indebtedness or other credit extensions (and whether or not such right shall not have been waived) or the termination of any commitment to lend thereunderlend; provided, or that cross-defaults with respect to the First Lien Credit Facilities shall be limited to events of default described in sections 9.1(a) (iipayment default) without limiting and 9.1(l) (bankruptcy default) of the foregoing, there occurs First Lien Credit Agreement and is continuing any to cross-acceleration unless such event of default giving rise to a right of acceleration that has not been cured or termination under (a) any Permitted Indebtedness, (b) [reserved], (c) waived within 90 days after the 2013 Bonds or the 2014 Bonds, or (d) the Specified IDB Obligations, or (iii) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement)occurrence thereof;

Defaults in Other Agreements or Indebtedness. (ia) A default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtednessborrowed money or the extension of credit or any other Indebtedness under which the Borrower or Subsidiary of the Borrower may be obligated as a borrower or guarantor in excess of $25,000,000 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any such Material Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any such Material Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (iib) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (ai) any Permitted Indebtednessthe Convertible Debt Documents, (bii) [reserved]the Revolving Credit Agreement, (ciii) the 2013 Bonds or the 2014 2009 Bonds, or (div) the 2010 Bonds, (v) the Specified IDB Obligations, or (iiivi) the Xxxxxx Bridge Loans or (c) without limiting the foregoing, the Receivables Facility is terminated prior to maturity as a result of a breach, default, event of default, or Termination Event (as defined in the Receivables Purchase Agreement);