Common use of Defaults Under Other Agreements Clause in Contracts

Defaults Under Other Agreements. With respect to any recourse Indebtedness (other than Indebtedness outstanding under this Credit Agreement) of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $10,000,000, (i) a Credit Party or one of its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, or permit, the holder or holders of such recourse Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness to become due prior to its stated maturity; or (ii) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment prior to the stated maturity thereof; or (iii) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty days after the occurrence thereof.

Defaults Under Other Agreements. (i) The Parent Guarantor or any of its Subsidiaries shall default in the due performance or observance (beyond the applicable grace period with respect thereto) of any material obligation or condition of any contract or lease to which it is a party, if such default would have or would reasonably be expected to have a Material Adverse Effect. (ii) With respect to any recourse Indebtedness of the Parent Guarantor or any of its Subsidiaries (other than Indebtedness outstanding under this Credit Agreement) in excess of any Credit Party $40,000,000 in the aggregate (A) the Parent Guarantor or any of its Subsidiaries in an aggregate principal amount in excess of $10,000,000, (i) a Credit Party or one of its Subsidiaries shall (Ax) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (By) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, cause or permit, permit the holder or the holders of such recourse Indebtedness (or any trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness to become due prior to its stated maturity; or (iiB) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment prior to the stated maturity thereof; or (iiiC) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty days after the occurrence thereof.

Defaults Under Other Agreements. With respect to any recourse Indebtedness (other than Indebtedness outstanding under this Credit Agreement) of any Credit Party or any of its Subsidiaries in an aggregate principal amount equal to or in excess of $10,000,00025,000,000, (i) a Credit Party or one of its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, or permit, the holder or holders of such recourse Indebtedness (or a trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness to become due prior to its stated maturity; or (ii) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment prior to the stated maturity thereof; or (iii) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,00075,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty ninety (90) days after the occurrence thereof.

Defaults Under Other Agreements. (i) Any Consolidated Party shall default in the performance or observance (beyond the applicable grace period with respect thereto, if any) of any material obligation or condition of any contract or lease material to the Consolidated Parties and the other Person party to such contract or lease shall have notified the applicable Consolidated Party that such other Person considers such Consolidated Party to be in default of such contract or lease; or (ii) With respect to any recourse Indebtedness (other than Indebtedness outstanding under this Credit Agreement) of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $10,000,000250,000 in the aggregate for the Consolidated Parties taken as a whole, (iA) a Credit any Consolidated Party or one of its Subsidiaries shall (A1) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (B2) the occurrence and continuance of a default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, or permit, the holder or holders of such recourse Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) ), any such recourse Indebtedness to become due prior to its stated maturity; or (iiB) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment prepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty days after the occurrence thereof.or

Defaults Under Other Agreements. With respect to any recourse Indebtedness (other than Indebtedness outstanding under this Credit Agreement) of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $10,000,000, (i) a Credit Party or one of its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, or permit, the holder or holders of such recourse Indebtedness (or a trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness to become due prior to its stated maturity; or (ii) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment prior to the stated maturity thereof; or (iii) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty days after the occurrence thereof.

Defaults Under Other Agreements. (i) A Credit Party or any of its Subsidiaries shall default in the due performance or observance (beyond the applicable grace period with respect thereto) of any material obligation or condition of any contract or lease to which it is a party (including, without limitation, any Hedging Agreement, but excluding the Credit Documents), if such default would have or be reasonably expected to have a Material Adverse Effect; or (ii) With respect to any recourse Indebtedness (other than Indebtedness outstanding under this Credit Agreement) of any a Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $10,000,0001,000,000, (iA) a Credit Party or one of its Subsidiaries such Person shall (Ax) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (By) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, cause or permit, permit the holder or holders of such recourse Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness to become due prior to its stated maturity; or (iiB) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment prior to the stated maturity thereof; or (iiiC) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty days after the occurrence thereof.

Defaults Under Other Agreements. With respect to any recourse Indebtedness (other than Indebtedness outstanding under this the Credit AgreementDocuments) of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $10,000,000500,000 in the aggregate for the Consolidated Parties taken as a whole, (i) a Credit Party or one of its Subsidiaries shall (A) any Consolidated Party shall default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (B) any Consolidated Party shall default (after giving effect to any applicable grace period) in the observance or performance of any other term, covenant covenant, condition or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, evidencing or securing such Indebtedness or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, or permit, permit the holder or holders of such recourse Indebtedness (or any trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness (or any portion thereof) to become due prior to its stated maturity; or , (iiC) any such recourse Indebtedness (or any portion thereof) shall be declared due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepayment payment) prior to the stated maturity thereof or (D) any Consolidated Party shall be required by the terms of such Indebtedness to offer to prepay or repurchase such Indebtedness (or any portion thereof) prior to the stated maturity thereof; or (iii) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty days after the occurrence thereof.;

Defaults Under Other Agreements. (i) A Credit Party or any of its Subsidiaries shall default in the due performance or observance (beyond the applicable grace period with respect thereto) of any material obligation or condition of any contract or lease to which it is a party (including, without limitation, any Hedging Agreement, but excluding the Credit Documents), if such default would have or be reasonably expected to have a Material Adverse Effect; or (ii) With respect to any recourse Indebtedness (other than Indebtedness outstanding under this Credit Agreement) of any a Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $10,000,0005,000,000, (iA) a Credit Party or one of its Subsidiaries such Person shall (Ax) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (By) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, cause or permit, permit the holder or holders of such recourse Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness to become due prior to its stated maturity; or (iiB) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment prior to the stated maturity thereof; or (iiiC) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty days after the occurrence thereof.

Defaults Under Other Agreements. (i) A Credit Party or any of its Subsidiaries shall default in the due performance or observance (beyond the applicable grace period with respect thereto) of any material obligation or condition of any contract or lease to which it is a party (including, without limitation, any Hedging Agreement, but excluding the Credit Documents), if such default could reasonably be expected to have a Material Adverse Effect; or (ii) With respect to any recourse Indebtedness (other than Indebtedness outstanding under this Credit Agreement) of any a Credit Party or any of its Subsidiaries in an aggregate a principal amount in excess of $10,000,0002,000,000 individually, or $4,000,000 in the aggregate (iA) a Credit Party or one of its Subsidiaries such Person shall (Ax) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (By) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, cause or permit, permit the holder or holders of such recourse Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness to become due prior to its stated maturity; or (iiB) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment prior to the stated maturity thereof; or (iiiC) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty days after the occurrence thereof.

Defaults Under Other Agreements. With respect to any recourse Indebtedness (other than Indebtedness outstanding under this the Credit AgreementDocuments) of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $10,000,000750,000 in the aggregate for the Consolidated Parties taken as a whole, (i) a Credit Party or one of its Subsidiaries shall (A) any Consolidated Party shall default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (B) any Consolidated Party shall default (after giving effect to any applicable grace period) in the observance or performance of any other term, covenant covenant, condition or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, evidencing or securing such Indebtedness or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, or permit, permit the holder or holders of such recourse Indebtedness (or any trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness (or any portion thereof) to become due prior to its stated maturity; or , (iiC) any such recourse Indebtedness (or any portion thereof) shall be declared due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepayment payment) prior to the stated maturity thereof or (D) any Consolidated Party shall be required by the terms of such Indebtedness to offer to prepay or repurchase such Indebtedness (or any portion thereof) prior to the stated maturity thereof; or ;" (iiicc) any such Indebtedness shall mature Section 8.1(g) of the Credit Agreement is hereby deleted therefrom in its entirety and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries the following is hereby substituted in an aggregate principal amount in excess of $20,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty days after the occurrence lieu thereof.:

Defaults Under Other Agreements. With respect to any recourse Indebtedness (other than Indebtedness outstanding under this Credit Agreement) of any Credit Party or any of its Subsidiaries in an aggregate principal amount equal to or in excess of $10,000,00025,000,000, (i) a Credit Party or one of its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, or permit, the holder or holders of such recourse Indebtedness (or a trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness to become due prior to its stated maturity; or (ii) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment prior to the stated maturity thereof; or (iii) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse non-recourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,00075,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty ninety (90) days after the occurrence thereof.

Defaults Under Other Agreements. With respect to any recourse ------------------------------- Indebtedness (other than Indebtedness outstanding under this Credit Agreement) of any Credit Party the Borrower or any of its Subsidiaries in an aggregate principal amount in excess of $10,000,0005,000,000, including, without limitation, the Subordinated Debt (i) a Credit Party the Borrower or one of its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, or permit, the holder or holders of such recourse Indebtedness (or 66 trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness to become due prior to its stated maturity; or (ii) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or by a prepayment from the proceeds of an Equity Issuance to the holders of Subordinated Debt, prior to the stated maturity thereof; or (iii) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty days after the occurrence thereof.

Defaults Under Other Agreements. (i) The occurrence of an "Event of Default" under the Credit Agreement; (ii) The occurrence of an "Event of Default" under the HCR Guaranty Agreement; (iii) Alterra or any of its Subsidiaries shall default in the performance or observance (beyond the applicable grace period with respect thereto, if any) of any material obligation or condition or any contract or lease; or (iv) With respect to any recourse Indebtedness (other than Indebtedness outstanding under this Credit Agreement) of any Credit Party Alterra or any of its Subsidiaries in an aggregate principal amount in excess of $10,000,00025,000,000 (including, without limitation, any Indebtedness under the Existing Credit Agreements) (iA) a Credit Party Alterra or one of its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, Indebtedness or (BB)(i) the occurrence and continuance of a default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition is to cause, or permit, the holder or holders of such recourse Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) ), any such recourse Indebtedness to become due prior to its stated maturity; , or (ii) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment prepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $20,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not cured or waived within sixty days after the occurrence thereof.