Defaults Under Other Indebtedness. With respect to any Indebtedness in excess of $150,000,000 (other than Indebtedness outstanding under this Credit Agreement) of the Borrower 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 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 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.
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 to any Indebtedness in excess of $150,000,000 (other than Indebtedness outstanding under this Credit AgreementAgreement and the Existing Notes) in excess of $10,000,000 in the Borrower or any of its Subsidiaries aggregate principal amount for the Consolidated Parties taken as a whole, (A) such Person shall either (x1) default in any payment shall occur and continue (beyond the applicable grace period with respect thereto, if any) with respect to any such IndebtednessIndebtedness (other than as a result of subordination provisions invoked by the Lenders), or (y2) 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 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.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 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 excess the payment of $150,000,000 any principal, interest or other amount due under any agreement or instrument involving Debt (other than Indebtedness the Debt hereunder) and the outstanding amount or amounts payable under this Credit Agreement) of the Borrower 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, agreement or instrument equals or exceeds $100,000 in the aggregate; (y) default (after giving effect to any applicable grace periodb) in the observance or performance of any covenant other agreement or agreement 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 holders, if anyholder or beneficiary) to require (determined without regard to whether any notice or lapse of time is required) any cause, 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 prepayment 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 (C) any such Indebtedness shall mature and remain unpaid.
Appears in 2 contracts
Samples: Credit Agreement (Renegy Holdings, Inc.), Credit Agreement (Renegy Holdings, Inc.)
Defaults Under Other Indebtedness. With respect to any Indebtedness in excess of $150,000,000 (other than Indebtedness outstanding under this Credit Agreement) in excess of $10,000,000 in the Borrower or any of its Subsidiaries aggregate principal amount for the Consolidated Parties taken as a whole, (A) such Person shall either (x1) default in any payment shall occur and continue (beyond the applicable grace period with respect thereto, if any) with respect to any such IndebtednessIndebtedness (other than as a result of subordination provisions invoked by the Lenders), or (y2) 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 require (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 prepayment, prior to the stated maturity thereof; or (C) any such Indebtedness shall mature and remain unpaid.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 in excess of $150,000,000 (other than Indebtedness outstanding under this Credit Agreement) in excess of $2,500,000 in the aggregate for the Borrower and its Consolidated Subsidiaries taken as a whole, (A) the Borrower or any of its Consolidated Subsidiaries (A) such Person shall (x1) default in any payment when due and payable (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (y2) the occurrence and continuance of a default (after giving effect to any applicable grace period) in the observance or performance of any a covenant or agreement 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, if any) to require (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 (C) any such Indebtedness shall mature and remain unpaid.or
Appears in 1 contract
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 in excess of $150,000,000 (other than Indebtedness outstanding under this Credit Agreement) of the Borrower or any in an aggregate principal amount in excess of its Subsidiaries $500,000, (A) such Person the Borrower 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 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 Administrative 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.or
Appears in 1 contract
Samples: Credit Agreement (Nordstrom Inc)
Defaults Under Other Indebtedness. With respect to any Indebtedness in excess of $150,000,000 (other than Indebtedness outstanding under this Credit Agreement) in excess of $25,000,000 in the aggregate for the Consolidated Parties taken as a whole any of the Borrower or following shall
(1) any of its Subsidiaries (A) such Person Consolidated Party shall (x) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, Indebtedness or (y2) the occurrence and continuance of 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 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.or
Appears in 1 contract
Samples: Credit Agreement (Airgas Northern California & Nevada Inc)
Defaults Under Other Indebtedness. With respect to any Indebtedness in excess of $150,000,000 (other than Indebtedness outstanding under this Credit Agreement) in excess of U.S.$10,000,000 in the aggregate for the Consolidated Parties taken as a whole any of the Borrower or following shall occur (unless, with respect to any Indebtedness in favor of its Subsidiaries the seller of a company acquired by
(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) the occurrence and continuance of 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 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.or
Appears in 1 contract
Samples: Credit Agreement (Airgas Inc)
Defaults Under Other Indebtedness. With respect to any Indebtedness in excess of $150,000,000 (other than Indebtedness outstanding under this Credit Agreement) in excess of $100,000,000 in the aggregate for the Consolidated Parties taken as a whole any of the Borrower or following shall occur (unless,
(1) any of its Subsidiaries (A) such Person Consolidated Party shall (x) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, Indebtedness or (y2) the occurrence and continuance of 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 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.or
Appears in 1 contract
Samples: Credit Agreement (Airgas Inc)