Defaults Under Other Indebtedness. With respect to any Indebtedness (other than Indebtedness outstanding under this Credit Agreement and the Existing Notes) in excess of $10,000,000 in the aggregate principal amount for the Consolidated Parties taken as a whole, (A) either (1) default in any payment shall occur and continue (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness (other than as a result of subordination provisions invoked by the Lenders), or (2) a default 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 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) to 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
Appears in 3 contracts
Samples: Credit Agreement (Mg Waldbaum Co), Credit Agreement (Michael Foods Inc /Mn), Credit Agreement (Mg Waldbaum Co)
Defaults Under Other Indebtedness. With respect to any Indebtedness in excess of $150,000,000 (other than Indebtedness outstanding under this Credit Agreement and Agreement) of the Existing Notes) in excess Borrower or any of $10,000,000 in the aggregate principal amount for the Consolidated Parties taken as a whole, its Subsidiaries (A) either such Person shall (1x) default in any payment shall occur and continue (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness (other than as a result of subordination provisions invoked by the Lenders)Indebtedness, or (2y) a default (after giving effect to any applicable grace period) in the observance or performance of any 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 cause 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, prepayment prior to the stated maturity thereof; oror (C) any such Indebtedness shall mature and remain unpaid.
Appears in 3 contracts
Samples: Credit Agreement (Quest Diagnostics Inc), Credit Agreement (Quest Diagnostics Inc), Bridge Credit Agreement (Quest Diagnostics Inc)
Defaults Under Other Indebtedness. With respect Borrowers or, prior to the termination of the Sponsor Guaranty pursuant to the terms hereof and thereof, the Sponsor shall default for a period beyond any Indebtedness applicable grace period (not to exceed 30 days) (a) in the payment of any principal, interest or other amount due under any agreement or instrument involving Debt (other than Indebtedness outstanding under this Credit Agreement the Debt hereunder) and the Existing Notes) in excess of outstanding amount or amounts payable under any such agreement or instrument equals or exceeds $10,000,000 100,000 in the aggregate principal amount for the Consolidated Parties taken as a whole, aggregate; (Ab) either (1) default in any payment shall occur and continue (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness (other than as a result of subordination provisions invoked by the Lenders), or (2) a default in the observance or performance of any other agreement or condition relating to such Indebtedness Debt or contained in any agreement or 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 default, event or condition is to cause, or permit, the to permit any holder or holders of such Indebtedness Debt (or a trustee or agent on behalf of such holdersholder or beneficiary) to cause (determined without regard to whether any notice or lapse of time is required)cause, any such Indebtedness Debt to become or be declared due and payable prior to its stated maturitymaturity or the stated maturity of any underlying obligation, as the case may be (upon the giving or receiving of notice, lapse of time, both, or otherwise); or (Bc) any such Indebtedness Debt shall otherwise be declared to be due and payable, or required to be prepaid or redeemed (other than by a regularly scheduled required prepaymentprepayment or redemption), purchased or defeased, or an offer to prepay, redeem, purchase or defease such Debt shall be required to be made, in each case prior to the stated maturity thereof; or.
Appears in 2 contracts
Samples: Credit Agreement (Renegy Holdings, Inc.), Credit Agreement (Renegy Holdings, Inc.)
Defaults Under Other Indebtedness. With respect to any Indebtedness (other than Indebtedness outstanding under this Credit Agreement and the Existing NotesAgreement) in excess of $10,000,000 in the aggregate principal amount for the Consolidated Parties taken as a whole, (A) either (1) default in any payment shall occur and continue (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness (other than as a result of subordination provisions invoked by the Lenders), or (2) a default 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 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) to cause (determined without regard to whether any notice or lapse of time is required)cause, 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
Appears in 2 contracts
Samples: Credit Agreement (Birds Eye Foods, Inc.), Credit Agreement (Agrilink Foods Inc)
Defaults Under Other Indebtedness. With respect to any --------------------------------- Indebtedness (other than Indebtedness outstanding under this Credit Agreement and the Existing NotesAgreement) in excess of $10,000,000 2,500,000 in the aggregate principal amount for the Borrower and its Consolidated Parties Subsidiaries taken as a whole, (A) either the Borrower or any of its Consolidated Subsidiaries shall (1) default in any payment shall occur when due and continue payable (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness (other than as a result of subordination provisions invoked by the Lenders)Indebtedness, or (2) the occurrence and continuance of a default in the observance or performance of a covenant relating to such Indebtedness or contained in any instrument or agreement evidencing, evidencing or securing or relating theretosuch Indebtedness, 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) to cause (determined without regard to whether any notice or lapse of time is required)cause, 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, payable prior to the stated maturity thereof; or
Appears in 1 contract
Defaults Under Other Indebtedness. With respect to any Indebtedness (other than Indebtedness outstanding under this Credit Agreement and the Existing NotesAgreement) in excess of $10,000,000 25,000,000 in the aggregate principal amount for the Consolidated Parties taken as a whole, (A) either whole any of the following shall
(1) any Consolidated Party shall default in any payment shall occur and continue (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness (other than as a result of subordination provisions invoked by the Lenders), or (2) the occurrence and continuance of a default 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) to 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
Appears in 1 contract
Samples: Credit Agreement (Airgas Northern California & Nevada Inc)
Defaults Under Other Indebtedness. With respect to any Indebtedness (other than Indebtedness outstanding under this Credit Agreement and the Existing NotesAgreement) in excess of $10,000,000 100,000,000 in the aggregate principal amount for the Consolidated Parties taken as a whole, whole any of the following shall occur (A) either unless,
(1) any Consolidated Party shall default in any payment shall occur and continue (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness (other than as a result of subordination provisions invoked by the Lenders), or (2) the occurrence and continuance of a default 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) to 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
Appears in 1 contract
Samples: Credit Agreement (Airgas Inc)
Defaults Under Other Indebtedness. (i) The Borrower 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 Borrower; or
(ii) With respect to any Indebtedness (other than Indebtedness outstanding under this Credit Agreement and Agreement) of the Existing Notes) Borrower in an aggregate principal amount in excess of $10,000,000 in the aggregate principal amount for the Consolidated Parties taken as a whole500,000, (A) either the Borrower shall (1) default in any payment shall occur and continue (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness (other than as a result of subordination provisions invoked by the Lenders)Indebtedness, or (2) a default 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 Administrative Agent on behalf of such holders) to 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
Appears in 1 contract
Samples: Credit Agreement (Nordstrom Inc)
Defaults Under Other Indebtedness. With respect to any Indebtedness (other than Indebtedness outstanding under this Credit Agreement and the Existing NotesAgreement) in excess of $10,000,000 U.S.$10,000,000 in the aggregate principal amount for the Consolidated Parties taken as a wholewhole any of the following shall occur (unless, with respect to any Indebtedness in favor of the seller of a company acquired by
(A) either any Consolidated Party shall (1) default in any payment shall occur and continue (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness (other than as a result of subordination provisions invoked by the Lenders)Indebtedness, or (2) the occurrence and continuance of a default 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) to 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
Appears in 1 contract
Samples: Credit Agreement (Airgas Inc)