Common use of Defaults Under Other Agreements Clause in Contracts

Defaults Under Other Agreements. (i) A Credit Party or any of its Subsidiaries shall default in the due performance or observance (beyond any applicable grace period with respect thereto) of any material obligation or condition of any contract or lease to which it is a party, including, but not limited to, any Hedging Agreement; or (ii) With respect to any Indebtedness in excess of $10,000,000 (other than Indebtedness outstanding under this Credit Agreement) of a Credit Party or any of its Subsidiaries (A) such Person shall (x) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (y) default (after giving effect to any applicable grace period) in the observance or performance relating to such 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 Indebtedness (or trustee or agent on behalf of such holders, if any) to require (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (B) any such 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 (C) any such Indebtedness shall mature and remain unpaid.

Defaults Under Other Agreements. (i) A Credit Party or any of its Subsidiaries shall default in the due performance or observance (beyond any the applicable grace period with respect thereto) of any material obligation or condition of any contract or lease material to the Credit Parties taken as a whole to which it is a party, including, but not limited to, any Hedging Agreementparty or by which it or its property is bound; or (ii) With respect to any Indebtedness of a Credit Party the principal amount of which is in excess of $10,000,000 10 million (other than Indebtedness outstanding under this Credit Agreement) of a Credit Party or any of its Subsidiaries Agreement and Non-Recourse Land Financing), (A) any such Person Credit Party shall (x) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (y) default (after giving effect to any applicable grace period) in the observance or performance relating to such 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, cause the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders, if any) to require cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (B) any such 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 (C) any such Indebtedness shall mature and remain unpaid.

Defaults Under Other Agreements. (i) A Credit Any Consolidated Party or any of its Subsidiaries shall default in the due performance or observance (beyond any the applicable grace period with respect thereto, if any) of any material obligation or condition of any contract or lease material to which it is the Consolidated Parties, taken as a party, including, but not limited to, any Hedging Agreement; orwhole. (ii) With respect to any Indebtedness in excess of $10,000,000 (other than Indebtedness outstanding under this Credit Agreement) in excess of $2,500,000 in the aggregate for the Consolidated Parties taken as a Credit Party or any of its Subsidiaries whole, (A) such Person any Consolidated Party shall (x1) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (y2) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such 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 Indebtedness (or trustee or agent on behalf of such holders, if any) to require cause (determined without regard to whether any notice or lapse of time is required) ), any such Indebtedness to become due prior to its stated maturity; or (B) any such 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 (C) any such Indebtedness shall mature and remain unpaid.

Defaults Under Other Agreements. (i) A Credit Party or any of its Subsidiaries shall default in the due performance or observance (beyond any applicable grace period with respect thereto) of any material obligation or condition of any contract or lease to which it is a party, including, but not limited to, any Hedging Agreement; or (ii) With respect to any Indebtedness in excess of $10,000,000 (other than Indebtedness outstanding under this Credit Agreement) of a Credit Party or any member of its Subsidiaries the Consolidated Group: (i) such member of the Consolidated Group shall (A) such Person shall (x) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (yB) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such 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 Indebtedness (or trustee or agent on behalf of such holders, if any) to require cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (Bii) any such 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 (Ciii) any such Indebtedness shall mature and remain unpaid; provided that, notwithstanding anything to the contrary in this subsection 9.1(f), a default under the Indebtedness owed to each of the mortgagees of the Properties set forth on Schedule 6.5 shall not be deemed an Event of Default hereunder if such default (x) occurs solely as a result of the consummation of the Western Acquisition and (y) ceases to exist on or before 90 days following the Closing Date.

Defaults Under Other Agreements. (i) A Credit Any Consolidated Party or any of its Subsidiaries shall default in the due performance or observance (beyond any the applicable grace period with respect thereto, if any) of any material obligation or condition of any contract or lease material to which it is the Consolidated Parties, taken as a party, including, but not limited to, any Hedging Agreement; orwhole. (ii) With respect to any Indebtedness in excess of $10,000,000 (other than Indebtedness outstanding under this Credit Agreement) in excess of $10,000,000 in the aggregate for the Consolidated Parties taken as a Credit Party or any of its Subsidiaries whole, (A) such Person any Consolidated Party shall (x1) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (y2) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such 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 Indebtedness (or trustee or agent on behalf of such holders, if any) to require cause (determined without regard to whether any notice or lapse of time is required) ), any such Indebtedness to become due prior to its stated maturity; or (B) any such 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 (C) any such Indebtedness shall mature and remain unpaid.

Defaults Under Other Agreements. (i) A Credit Party or any of its Subsidiaries shall default in the due performance or observance (beyond any the applicable grace period with respect thereto) of any material obligation or condition of any contract or lease material to the Credit Parties taken as a whole to which it is a party, including, but not limited to, any Hedging Agreementparty or by which it or its property is bound; or (ii) With respect to any Indebtedness of a Credit Party the principal amount of which is in excess of $10,000,000 (other than Indebtedness outstanding under this Credit Agreement) of a Credit Party or any of its Subsidiaries Agreement and Non-Recourse Land Financing), (A) any such Person Credit Party shall (x) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (y) default (after giving effect to any applicable grace period) in the observance or performance relating to such 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, cause the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders, if any) to require cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (B) any such 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 required to be repurchased, defeased or redeemed (but not including a voluntary repayment of such Indebtedness); or (C) any such Indebtedness shall mature and remain unpaid.

Defaults Under Other Agreements. (i) A Credit With respect to any Indebtedness of any Loan Party or any of its their Subsidiaries (other than Indebtedness outstanding under the Loans or any Swap Contract with a Swap Termination Value under US$100,000,000) having an outstanding principal amount in excess of US$100,000,000 in the aggregate (i) such Loan Party or any such Subsidiary shall (A) default in the making any payment when due performance or observance (beyond after giving effect to any applicable grace period with respect thereto) of any material obligation or condition of any contract or lease to which it is a party, including, but not limited to, any Hedging Agreement; or (ii) With respect to any Indebtedness in excess of $10,000,000 (other than Indebtedness outstanding under this Credit Agreement) of a Credit Party or any of its Subsidiaries (A) such Person shall (x) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such IndebtednessIndebtedness or obligations in respect of Swap Contracts, as applicable, or (yB) default (after giving effect to any applicable grace periodperiod with respect thereto) in the observance or performance of any other covenant or agreement relating to such Indebtedness or obligations in respect of Swap Contracts, as applicable, or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, in each case the effect of which default or other event or condition is to cause, cause or permit, permit the holder or the holders of such Indebtedness or such obligations in respect of Swap Contracts, as applicable, (or any trustee or agent on behalf of such holders, if any) to require cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness or obligations in respect of Swap Contracts to become due prior to its stated maturity; or (Bii) any such Indebtedness or obligations in respect of Swap Contracts shall be declared due and payable, or required to be prepaid prepaid, redeemed or repurchased other than by a regularly scheduled required prepayment prior to the stated maturity thereof; or (Ciii) any such Indebtedness or obligations in respect of Swap Contracts shall mature and remain unpaid.

Defaults Under Other Agreements. (i) A Credit Party or any of its Subsidiaries shall default in the due performance or observance (beyond any the applicable grace period with respect thereto) of any material obligation or condition of any contract or lease material to the Credit Parties taken as a whole to which it is a party, including, but not limited to, any Hedging Agreementparty or by which it or its property is bound; or (ii) With respect to any Indebtedness of a Credit Party the principal amount of which is in excess of $10,000,000 (other than Indebtedness outstanding under this Credit Agreement) of a Credit Party or any of its Subsidiaries Agreement and Non-Recourse Land Financing), (A) any such Person Credit Party shall (x) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (y) default (after giving effect to any applicable grace period) in the observance or performance relating to such 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, cause the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders, if any) to require cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (B) any such 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 (C) any such Indebtedness shall mature and remain unpaid.

Defaults Under Other Agreements. (i) A Credit Party or any of its Subsidiaries shall default in the due performance or observance (beyond any 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, but not limited to, any Hedging Agreement; or (ii) With respect to any Indebtedness in excess of $10,000,000 1,000,000 (other than Indebtedness outstanding under this Credit Agreement) of a Credit Party or any of its Subsidiaries of (Ai) such Person shall (xA) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (yB) default (after giving effect to any applicable grace period) in the observance or performance relating to such 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 Indebtedness (or trustee or agent on behalf of such holders, if any) to require cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (Bii) any such 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 (Ciii) any such Indebtedness shall mature and remain unpaid.

Defaults Under Other Agreements. (i) A Except for the Indenture Default, a Credit Party or any of its Subsidiaries shall default in the due performance or observance (beyond any 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, but not limited to, any Hedging Agreement; or (ii) With respect to any Indebtedness in excess of $10,000,000 500,000 (other than Indebtedness outstanding under this Credit Agreement) of a Credit Party or any of its their Subsidiaries (Ai) such Person shall (xA) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (yB) except for the Indenture Default, default (after giving effect to any applicable grace period) in the observance or performance relating to such 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 Indebtedness (or trustee or agent on behalf of such holders, if any) to require cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (Bii) any such 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 (Ciii) any such Indebtedness shall mature and remain unpaid.

Defaults Under Other Agreements. (i) A Credit Party or any of its Subsidiaries The Borrower shall default in the due performance or observance (beyond any 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, but not limited to, any Hedging Agreement; orif such default constitutes or would reasonably be expected to constitute a Material Adverse Effect. (ii) With respect to any Indebtedness in excess of $10,000,000 50,000,000 (other than Indebtedness outstanding under this Credit Agreement) of a Credit Party or any of its Subsidiaries the Borrower (i) the Borrower shall (A) such Person shall (x) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (yB) default (after giving effect to any applicable grace period) in the observance or performance relating to such 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 of the holders of such Indebtedness (or trustee or agent on behalf of such holders, if any) to require cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (Bii) any such 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 (Ciii) any such Indebtedness shall mature and remain unpaid. (iii) There shall exist an “Event of Default” under and as defined in the Existing Three Year Facility.

Defaults Under Other Agreements. (i) A Credit Party or any of its Subsidiaries shall default in the due performance or observance (beyond any applicable grace period with respect thereto) of any material obligation or condition of any contract or lease to which it is a party, including, but not limited to, any Hedging Agreement; or (ii) With respect to any Indebtedness in excess of $10,000,000 (other than Indebtedness outstanding under this Credit Agreement) of a Credit Party or any of its Subsidiaries (A) such Person shall (x) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (y) default (after giving effect to any applicable grace period) in the observance or performance relating to such 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 Indebtedness (or trustee or agent on behalf of such holders, if any) to require (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (B) any such 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 (C) any such Indebtedness shall mature and remain unpaid.regularly