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

Defaults in Other Agreements or Indebtedness. (a) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed 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 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (b) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (i) the Convertible Debt Documents (ii) the Xxxxxx Term Loans, (iii) the 2009 Bonds, (iv) the Xxxxxx Bridge Loans or the (v) the 2010 Bonds, 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);

Defaults in Other Agreements or Indebtedness. (ai) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed 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 aggregateMaterial Indebtedness, and such breach, default or event of 117 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 (bii) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (ia) any Permitted Indebtedness, (b) [reserved], (c) the Convertible Debt Documents (ii) the Xxxxxx Term Loans, (iii) the 2009 Bonds, (iv) the Xxxxxx Bridge Loans 2013 Bonds or the (v) the 2010 2014 Bonds, or (cd) 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. (a) A default or event of default shall occur at any time under the terms of the 2004 Indenture or any other agreement involving borrowed money or the extension of credit or any other Indebtedness under which any Borrower Loan Party or Subsidiary of any Borrower Loan Party may be obligated as a borrower or guarantor in excess of $25,000,000.00 500,000 in the aggregate, and such breach, default or event of 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any 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 Indebtedness indebtedness (and whether or not such right shall not have been waived) or the termination of any commitment to lend thereunderlend, or (b) without limiting if the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination Borrower's Obligations under (i) the Convertible Debt Documents (ii) the Xxxxxx Term Loans, (iii) the 2009 Bonds, (iv) the Xxxxxx Bridge Loans or the (v) the 2010 Bonds, or (c) without limiting the foregoingthis Agreement, the Receivables Facility is terminated prior Notes and the other Loan Documents shall cease or fail to maturity as a result constitute "Senior Indebtedness" under the 2004 Indenture at any time for any reason; Final Judgments or Orders. Any final judgments or orders for the payment of a breach, default, event money in excess of default, or Termination Event (as defined $1,000,000 in the Receivables Purchase Agreement)aggregate shall be entered against any Loan Party by a court having jurisdiction in the premises, which judgment is not discharged, vacated, bonded or stayed pending appeal within a period of thirty (30) days from the date of entry;

Defaults in Other Agreements or Indebtedness. (a) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed 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 10,000,000.00 in the aggregate, and such breach, default or event of 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunderlend, or (b) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (i) the Convertible Debt Documents (ii) the Xxxxxx Term Loans, (iii) the 2009 Bonds, (iv) the Xxxxxx Bridge Loans or the (v) the 2010 BondsDocuments, 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);

Defaults in Other Agreements or Indebtedness. (a) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed 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 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (b) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (i) the Convertible Debt Documents [reserved], (ii) the Xxxxxx Term Loans[reserved], (iii) the 2009 2013 Bonds or the 2014 Bonds, or (iv) the Xxxxxx Bridge Loans or the (v) the 2010 BondsSpecified IDB Obligations, 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);

Defaults in Other Agreements or Indebtedness. (a) A If a breach, default or event of default shall occur at any time under the terms of any other agreement involving borrowed money or the extension of credit or any other Indebtedness under which any Borrower Loan Party or Subsidiary of any Borrower Loan Party may be obligated as a borrower or guarantor in excess of $25,000,000.00 5,000,000 in the aggregate, aggregate and such breach, default or event of 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not,) any Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunderlend; provided, however, that no default shall exist under this Section 8.1.5 if any such breach, default or (b) without limiting the foregoing, there occurs and is continuing any event of default giving rise to described herein is waived in a right manner that fully cures or eliminates such breach, default or event of acceleration or termination under default, except that if (i) such waiver is with respect to a breach, default or event of default arising under the Convertible Debt Documents agreement in question which is the result of (A) the failure by the Borrower or any Loan Party to (1) make any payments of principal or interest under such agreement when due thereunder or (2) comply with any financial covenants set forth in such agreement or (B) any representation or warranty made by the Borrower or any Loan Party in such agreement proving to be false or misleading in any material respect at the time such representation or warranty was made or deemed made, or (ii) the Xxxxxx Term Loans, (iii) the 2009 Bonds, (iv) the Xxxxxx Bridge Loans or the (v) the 2010 Bonds, or (c) without limiting the foregoing, the Receivables Facility Indebtedness under such agreement actually is terminated prior to maturity accelerated as a result of a such breach, default, default or event of default, then a default shall exist under this Section 8.1.5, notwithstanding any waiver described herein or Termination Event (as defined in the Receivables Purchase Agreement);rescission of acceleration.

Defaults in Other Agreements or Indebtedness. (a) A If a breach, default or event of default shall occur at any time under the terms of any other agreement involving borrowed money or the extension of credit or any other Indebtedness under which any Borrower or Subsidiary of any Borrower Consolidated TEC Group Entity may be obligated as a borrower or guarantor in excess of $25,000,000.00 5,000,000 in the aggregate, aggregate and such breach, default or event of 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any 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 Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunderlend; provided, however, that no default shall exist under this Section 9.1.5 if any such breach, default or (b) without limiting the foregoing, there occurs and is continuing any event of default giving rise to described herein is waived in a right manner that fully cures or eliminates such breach, default or event of acceleration or termination under default except that if (i) such waiver is with respect to a breach, default or event of default arising under the Convertible Debt Documents agreement in question which is the result of (A) the failure by a Consolidated TEC Group Entity to (1) make any payments of principal or interest under such agreement when due thereunder or (2) comply with any financial covenants set forth in such agreement or (B) any representation or warranty made by a Consolidated TEC Group Entity in such agreement proving to be false or misleading in any material respect at the time such representation or warranty was made or deemed made, or (ii) the Xxxxxx Term Loans, (iii) the 2009 Bonds, (iv) the Xxxxxx Bridge Loans or the (v) the 2010 Bonds, or (c) without limiting the foregoing, the Receivables Facility Indebtedness under such agreement actually is terminated prior to maturity accelerated as a result of a such breach, default, default or event of default, then a default shall exist under this Section 9.1.5, notwithstanding any waiver described herein or Termination Event (as defined in the Receivables Purchase Agreement);rescission of acceleration.

Defaults in Other Agreements or Indebtedness. (a) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed 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 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (b) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (i) the Convertible Debt Documents [reserved], (ii) the Xxxxxx Term Loans[reserved], (iii) the 2009 2013 Bonds or the 2014 Bonds, or (iv) the Xxxxxx Bridge Loans or the (v) the 2010 BondsSpecified IDB Obligations, or (c) without 114 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. (ai) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed 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 aggregateMaterial Indebtedness, and such breach, default or event of 117 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 (bii) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (ia) any Permitted Indebtedness, (b) [reserved], (c) the Convertible Debt Documents (ii) the Xxxxxx Term Loans, (iii) the 2009 Bonds, (iv) the Xxxxxx Bridge Loans 2013 Bonds or the (v) the 2010 2014 Bonds, or (cd) the Specified IDB Obligations, or (iii) without limiting the foregoing, the 118 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. (a) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed money or the extension of credit or any other Indebtedness under which any the Borrower or Subsidiary of any the Borrower may be obligated as a borrower or guarantor in excess of $25,000,000.00 25,000,000 in the aggregate, and such breach, default or event of 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (b) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (i) the Convertible Debt Documents Documents, (ii) the Xxxxxx Term LoansRevolving Credit Agreement, (iii) the 2009 Bonds, (iv) the Xxxxxx Bridge Loans or the 2010 Bonds, (v) the 2010 BondsSpecified IDB Obligations, or (vi) 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);

Defaults in Other Agreements or Indebtedness. (a) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed 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 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (b) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (i) the Convertible Debt Documents (ii) the Xxxxxx Term Loans2009 Bonds, (iii) the 2009 2010 Bonds, or (iv) the Xxxxxx Bridge Loans or the (v) the 2010 BondsSpecified IDB Obligations, 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);

Defaults in Other Agreements or Indebtedness. (a) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed 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 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (b) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (i) the Convertible Debt Documents (ii) the Xxxxxx Vxxxxx Term Loans, (iii) the 2009 Bonds, (iv) the Xxxxxx Vxxxxx Bridge Loans or the Loans, (v) the 2010 Bonds, or (vi) the Specified IDB Obligations, 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);.”

Defaults in Other Agreements or Indebtedness. (a) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed 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 101 guarantor in excess of $25,000,000.00 in the aggregate, and such breach, default or event of 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (b) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (i) the Convertible Debt Documents (ii) the Xxxxxx Term Loans2009 Bonds, (iii) the 2009 2010 Bonds, or (iv) the Xxxxxx Bridge Loans or the (v) the 2010 BondsSpecified IDB Obligations, 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);

Defaults in Other Agreements or Indebtedness. (ai) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed 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 aggregateMaterial Indebtedness, and such breach, default or event of 117 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 115 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 (bii) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (ia) any Permitted Indebtedness, (b) [reserved], (c) the Convertible Debt Documents (ii) the Xxxxxx Term Loans, (iii) the 2009 Bonds, (iv) the Xxxxxx Bridge Loans 2013 Bonds or the (v) the 2010 2014 Bonds, or (cd) 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. (a) A default or event of default shall occur at any time under the terms of any other agreement involving borrowed 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 117 default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any Indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any Indebtedness (and such right shall not have been waived) or the termination of any commitment to lend thereunder, or (b) without limiting the foregoing, there occurs and is continuing any event of default giving rise to a right of acceleration or termination under (i) the Convertible Debt Documents Documents, (ii) the Xxxxxx Term Loans2010 Bonds, (iii) the 2009 2013 Bonds, or (iv) the Xxxxxx Bridge Loans or the (v) the 2010 BondsSpecified IDB Obligations, 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);