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 (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);

Appears in 2 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)

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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 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 (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)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);

Appears in 2 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)

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 101 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 (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)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);

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

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 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 (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)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);

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

Defaults in Other Agreements or Indebtedness. (i) A If a breach, default or event of default shall occur at any time under the terms of any other agreement involving Material Indebtedness, borrowed money or the extension of credit or any other Indebtedness under which any Consolidated TEC Group Entity may be obligated as a borrower or guarantor in excess of $5,000,000 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 (and such right shall not have been waived) or the termination of any commitment to lend thereunder lend; provided, however, that no default shall exist under this Section 9.1.5 if any such breach, default or event of default described herein is waived in a manner that fully cures or eliminates such breach, default or event of default except that if (other than the termination of the BTMU Purchase Agreement or the Orbian Facility Agreement i) such waiver is with respect to a breach, default or event of default arising under the Aerostructures Filing Entities agreement in connection 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 Voluntary Insolvency Proceedings any financial covenants set forth in accordance with Section 9.1.15)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) without limiting the foregoing, there occurs and Indebtedness under such agreement actually 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 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.

Appears in 1 contract

Samples: Credit Agreement (Commercial Intertech Corp)

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 (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)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 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);

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

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 (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)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);

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

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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 (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)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);

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

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 (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)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 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);

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

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 (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)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);.”

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

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