Enumeration of Events of Default. Any of the following events shall constitute an Event of Default as that term is used herein:
(a) Default shall be made in the payment by Borrower when due of any installment of principal or interest under this Agreement, the Note, or any Fee provided for herein and said default is not remedied within ten (10) days after the same is due;
(b) An Event of Default as defined in any Loan Document shall have occurred;
(c) Default shall be made by the Borrower in the due observance or performance of any of its obligations, covenants or agreements contained in any of the Loan Documents;
(d) Any representation or warranty made by the Borrower in any of the Loan Documents proves to have been untrue in any material respect or any representation, statement (including Financial Statements), certificate or data furnished or made to the Bank in connection herewith proves to have been untrue in any material respect as of the date the facts therein set forth were stated or certified;
(e) Default shall be made by the Borrower (as principal or guarantor or other surety) in the payment or performance of any bond, debenture, note or other evidence of indebtedness or under any credit agreement, loan agreement, indenture, promissory note or similar agreement or instrument executed in connection with any of the foregoing, and such default shall remain unremedied beyond the applicable grace period, if any, with respect thereto and such default is not being contested in good faith by the Borrower;
(f) The Borrower shall (i) apply for or consent to the appointment of a receiver, trustee or liquidator of it or all or a substantial part of its assets, (ii) file a voluntary petition commencing an Insolvency Proceeding concerning Borrower, (iii) make a general assignment for the benefit of creditors, (iv) be unable, or admit in writing its inability, to pay its debts generally as they become due, or (v) file an answer admitting the material allegations of a petition filed against it in any Insolvency Proceeding;
(g) An order, judgment or decree shall be entered against the Borrower by any court of competent jurisdiction or by any other duly authorized authority, on the petition of a creditor or otherwise, granting relief in any Insolvency Proceeding or approving a petition seeking reorganization or an arrangement of its debts or appointing a receiver, trustee, conservator, custodian or liquidator of it or all or any substantial part of its assets and such order, judgment or decree shal...
Enumeration of Events of Default. Any of the following events shall constitute an Event of Default:
(a) default shall be made in the payment when due of any installment of principal or interest under this Agreement or the Note or in the payment when due of any fee or other sum payable under any Loan Document and such default as to interest or fees only shall have continued for three days;
(b) default shall be made by the Borrower in the due observance or performance of any of its obligations under the Loan Documents, and such default shall continue for 30 days after the earlier of notice thereof to the Borrower by the Lender or knowledge thereof by the Borrower;
(c) any representation or warranty made by the Borrower in any of the Loan Documents proves to have been untrue in any material respect or any representation, statement (including Financial Statements), certificate, or data furnished or made to the Lender in connection herewith proves to have been untrue in any material respect as of the date the facts therein set forth were stated or certified;
(d) default shall be made by the Borrower (as principal or guarantor or other surety) in the payment or performance of any bond, debenture, note, Commodity Hedge Agreement or other Indebtedness or under any credit agreement, loan agreement, indenture, promissory note, or similar agreement or instrument executed in connection with any of the foregoing, and such default shall remain unremedied for in excess of the period of grace, if any, with respect thereto;
(e) the Borrower shall be unable to satisfy any condition or cure any circumstance specified in Article , the satisfaction or curing of which is precedent to the right of the Borrower to obtain a Loan and such inability shall continue for a period in excess of 30 days;
(f) the Borrower shall (i) apply for or consent to the appointment of a receiver, trustee, or liquidator of it or all or a substantial part of its assets, (ii) file a voluntary petition commencing an Insolvency Proceeding, (iii) make a general assignment for the benefit of creditors, (iv) be unable, or admit in writing its inability, to pay its debts generally as they become due, or (v) file an answer admitting the material allegations of a petition filed against it in any Insolvency Proceeding;
(g) an order, judgment, or decree shall be entered against the Borrower by any court of competent jurisdiction or by any other duly authorized authority, on the petition of a creditor or otherwise, granting relief in any Insolvenc...
Enumeration of Events of Default. Any of the following events shall constitute an Event of Default:
Enumeration of Events of Default. Any of the following events shall constitute an Event of Default:
(a) the Borrowers shall fail to (i) pay any principal of any Loan or reimburse any drawing under any Letter of Credit when the same becomes due and payable, (ii) pay any interest or any fee owing in connection with the Obligations, this Agreement or any of the other Loan Documents within three Business Days after the same becomes due and payable or (iii) pay any other amount owing in connection with the Obligations, this Agreement or any of the other Loan Documents within five Business Days after the same becomes due and payable;
(b) default shall be made by a Borrower in the due observance or performance of (i) its covenants contained in Article VI and Section 5.12, or (ii) any other obligations or covenants set forth in any Loan Document which is not covered by clause (i) of this Section 7.1(b) or any other provision of this Section 7.1 if such default shall remained unremedied for 30 days after the occurrence of such default;
(c) any representation or warranty made by a Borrower or Guarantor in any of the Loan Documents proves to have been untrue in any material respect as of the date made or deemed made;
(d) (i) failure to pay any principal of or premium or interest on its Indebtedness which is outstanding in a principal amount of at least $500,000 individually or when aggregated with all such Indebtedness of the Borrowers or the Guarantors or their Subsidiaries so in default (but excluding Indebtedness evidenced by the Notes) when the same becomes due and payable (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise), and such failure shall continue after the applicable grace period, if any, specified in the agreement or instrument relating to such Indebtedness; (ii) any other event shall occur or condition shall exist under any agreement or instrument relating to Indebtedness which is outstanding in a principal amount of at least $500,000 individually or when aggregated with all such Indebtedness of the Borrowers or the Guarantors or their Subsidiaries so in default, and shall continue after the applicable grace period, if any, specified in such agreement or instrument, if the effect of such event or condition is to accelerate, or to permit the acceleration of, the maturity of such Indebtedness; or (iii) any such Indebtedness shall be declared to be due and payable, or required to be prepaid (other than by a regularly scheduled required prepayment), pri...
Enumeration of Events of Default. The terms "Event of Default" or "Default" shall mean, whenever they are used in this Agreement, any one or more of the following events:
Enumeration of Events of Default. Any of the following events shall be considered an Event of Default as that term is used herein:
(a) Default shall be made by the Borrower in the payment of any installment of principal or interest (including, without limitation, any mandatory prepayments payable pursuant to either Section 2.07 or 2.08 of this Agreement) on the Notes, any LC Fee or any other
Enumeration of Events of Default. Any of the following events shall constitute an Event of Default:
(i) default shall be made in any payment of principal when due under this Agreement or the Notes at Final Maturity or pursuant to Section 2.13, or (ii) in the event of a default in the payment when due of any other sums, including, without limitation, interest,
Enumeration of Events of Default. 60 7.2 REMEDIES...................................................................................62 7.3 APPLICATION OF PROCEEDS UPON DEFAULT.......................................................63 ARTICLE VIII THE AGENT
Enumeration of Events of Default. Any of the following events shall be considered an Event of Default as that term is used herein:
(a) Default shall be made by the Borrower in the payment of any installment of principal or interest (including, without limitation, any mandatory prepayment payable pursuant to Section 2.08 of this Agreement) on the Revolving Note, or Term Note, as applicable, or any other monetary obligation payable hereunder when due, and such default continues for more than five (5) days after the date that notice of such default is sent from the Bank to the Borrower;
(b) Default shall be made by the Borrower in the due observance or performance of any affirmative covenant required in this Agreement, the Revolving Note, or Term Note, as applicable, or the Collateral Documents, or the Subordination Agreement, and such
Enumeration of Events of Default. 33 9.2 REMEDIES...................................................................................35
