Events of Default Defined; Acceleration of Maturity. If any of the following events (“Events of Default”) shall occur and be continuing (for any reason whatsoever and whether it shall be voluntary or involuntary or by operation of law or otherwise):
(i) default shall be made in the payment of the Principal Amount of, or interest on, the Loan or any other Obligation when and as the same shall become due and payable, whether at stated maturity, by acceleration, upon a Mandatory Prepayment Event or otherwise; or
(ii) default shall be made in the performance or observance of any covenant, agreement or condition contained in this Agreement or in any of the other Loan Documents, including but not limited to the failure of any financial covenant contained herein, and such default shall have continued for a period of ten (10) Business Days; provided, that, such ten (10) Business Day period shall not apply in the case of: (A) any failure to observe any covenant which is not capable of being cured at all or within such ten (10) Business Day period or which has been the subject of a prior failure within a six (6) month period or (B) an intentional breach by the Company of any covenant; or
(iii) Company shall (1) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property and assets, (2) be generally unable to pay its debts as such debts become due, (3) make a general assignment for the benefit of its creditors, (4) commence a voluntary case under the United States Bankruptcy Code or similar law or regulation (as now or hereafter in effect), (5) file a petition seeking to take advantage of any other law providing for the relief of debtors, (6) fail to controvert in a timely or appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the United States Bankruptcy Code or other law or regulation, (7) dissolve, (8) take any corporate action under any applicable law analogous to any of the foregoing, or (9) take any corporate action for the purpose of effecting any of the foregoing; or
(iv) a proceeding or case shall be commenced, without the application or consent of Company in any court of competent jurisdiction, seeking (1) the liquidation, reorganization, dissolution, winding up or composition or readjustment of its debts, (2) the appointment of a trustee, receiver, custodian, liquidator or the like of it or for all or any substantial part of its assets, ...
Events of Default Defined; Acceleration of Maturity. If any of the following conditions or events (each herein called an "EVENT OF DEFAULT") shall occur and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with judicial or governmental or administrative order or action or otherwise):
(a) default shall be made in the due and punctual payment of all or any part of the principal of or Makewhole Amount, if any, on any Note when and as the same shall become due and payable, whether on a date fixed for prepayment, at stated maturity, by acceleration or declaration, or otherwise; or
(b) default shall be made in the due and punctual payment of any interest on any Note when and as such interest shall become due and payable, and such default shall have continued for a period of three days; or
(c) default shall be made in the due performance or observance of any covenant, provision, agreement or condition contained in SECTION 4(G) or any of SECTIONS 6.2 THROUGH 6.13, both inclusive, and, except in the case of any such default under SECTION 4(G), subdivision (a) of SECTION 6.3, SECTION 6.8, SECTION 6.9 or SECTION 6.10, such default shall have continued for a period of ten days after the earlier of (x) the date on which a Responsible Officer of the Company first has knowledge of such default and (y) the giving of notice to the Company of such default by any holder or holders of a Note or Notes; or
(d) default shall be made in the due performance or observance of any other covenant, provision, agreement or condition contained in this Agreement (other than any default referred to in the foregoing subdivisions (a), (b) and (c) of this SECTION 8.1) and such default shall have continued for a period of 30 days after the earlier of (x) the date on which any Responsible Officer of the Company first has knowledge of such default and (y) the giving of notice to the Company of such default by any holder or holders of a Note or Notes; or
(i) default shall be made in the payment of any amount due, whether on an interest payment date or on a date fixed for prepayment, at stated maturity, by acceleration or declaration or otherwise, under or in respect of any Funded Debt or Current Debt of the Company (other than the Notes) or any Subsidiary, and such default shall continue beyond the period of grace, if any, allowed with respect thereto; or (ii) default shall be made in the due performance or o...
Events of Default Defined; Acceleration of Maturity. If an Event of Default (as defined in the Agreement) has occurred then upon the occurrence of any such Event of Default, the Holder may, by notice to the Company, declare the unpaid principal amount of the Notes to be, and the same shall forthwith become, due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company, together with the interest accrued thereon and all other amounts payable by the Company hereunder and pursue all of Holder’s rights and remedies hereunder and under the other Loan Documents and all other remedies available to Holder under applicable law.
Events of Default Defined; Acceleration of Maturity. If any one or more of the following events (each herein called an “Event of Default”) shall have occurred:
(a) all or any part of the principal of any of the Notes is not paid on the date such principal shall become due and payable, whether at the maturity thereof, by acceleration, by conversion, by notice of prepayment, or all or any part of the interest of any of the Notes is not paid within five (5) Business Days after the date such interest shall become due and payable, whether at the maturity thereof, by acceleration, by conversion, by notice of prepayment, or otherwise;
(b) all or any part of any other amount owing by any Credit Party or any Subsidiary to the Holders pursuant to the terms of this Agreement, the Notes or any other Operative Document (including, without limitation, amounts owed or reimbursable under Section 7.14) is not paid when such other amount becomes due and payable and such non-payment is not remedied within five (5) Business Days after written demand therefor was made (if required by the Operative Documents or, otherwise, after written notice thereof to such Credit Party by the Holders);
(c) any Credit Party fails or neglects to perform, keep or observe any of its covenants, conditions or agreements contained in:
(i) Section 7.1, 7.2(a), 7.2(b) or 7.2(d), 7.3, 7.4, 7.6, 7.10, 7.12 (to the extent a specific time frame for completion is set forth on Section 7.12), 7.20 (to the extent a specific time frame for completion is set forth on Schedule 7.20), or 7.21 (if applicable, to the extent a specific time frame for completion is set forth on Schedule 7.21) or ARTICLE VIII; or
(ii) Section 7.19(b)(i), (ii), (iii) or (iv), respectively, but as to each subsection only if such neglect to perform, keep or observe such covenant shall have continued for two consecutive Fiscal Quarters; or
(iii) any other covenant, condition or agreement contained in this Agreement or other Operative Document, including any Warrant (and, if any grace or cure period is expressly applicable thereto as set forth therein, the same shall continue past such grace period) and such failure shall continue for thirty (30) days after the earlier of (i) delivery by the Holders to any Credit Party of notice of such non-compliance or (ii) a Responsible Officer of any Credit Party becoming aware of such failure;
(d) any warranty or representation now or hereafter made by any Credit Party herein, in any other Operative Document, or other certificate, report or other deliv...
Events of Default Defined; Acceleration of Maturity. If any one or more of the following events ("Events of Default") shall occur and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), that is to say:
(a) if default shall be made in the due and punctual payment of all or any part of the principal of, or Premium (if any) or interest on, any Note when and as the same shall become due and payable, whether at the stated maturity thereof, by notice of or demand for prepayment, or otherwise, and such default shall have continued for a period of three days;
(b) if a Default (as defined in the Lease) of Mercury under the Lease shall occur or if a default of the Company under the Lease shall occur;
(c) if an Event of Default (as defined in the Mortgage)shall occur;
(d) if default shall be made in the performance or observance of any covenant, agreement or condition contained in Section 1.01, 1.02, 1.03, 1.04, 1.05, 1.12, 1.17, 1.19, 1.20, 1.23 and Article 2 of the Mortgage, Section 6, 9, 11, 13 and 14 of the Assignment, Section 7, 9, 10, 11, 14, 15, and 16 of the Tenant Agreement, Section 3, 4.1, 4.2, 4.4, 4.5, 4.7, 4.8 and 5 of the Representation Letter or in Section 6, 7(b), 8, 9, 12, 15 and 28 hereof;
(e) if default shall be made in the performance or observance of any other of the covenants, agreements or conditions contained in this Agreement, the Mortgage, the Assignment, the Tenant Agreement, the Environmental Risk Agreement or the Representation Letter and such default shall have continued for a period of 30 days after the earlier to occur of (i) the Company's obtaining actual knowledge of such default or (ii) the Company's receipt of written notice of such default;
(f) if the Company or Mercury shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due, or shall file a voluntary petition in bankruptcy, or shall be adjudicated bankrupt or insolvent, or shall file any petition or answer seeking for itself any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file any answer admitting or not contesting the material allegations of a petition filed against the Company or Mercury in any such proceeding, or...
Events of Default Defined; Acceleration of Maturity. For purposes of this Second Supplemental Indenture and the 7-Year Notes, Section 6.1 of the Indenture is hereby amended to read in its entirety as follows:
Events of Default Defined; Acceleration of Maturity. Event of Default", wherever used herein with respect to the 7-Year Notes, means any one of the following events which shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body):
Events of Default Defined; Acceleration of Maturity. If any one or more of the following events ("EVENTS OF DEFAULT") shall occur and is continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), that is to say:
(a) if default shall be made in the due and punctual payment of all or any part of the principal of, or premium (if any) on, any Note when and as the same shall become due and payable, whether at the stated maturity thereof, by notice of or demand for prepayment, or otherwise;
(b) if default shall be made in the due and punctual payment of any interest on any Note when and as such interest shall become due and payable and such default shall have continued for a period of five days;
Events of Default Defined; Acceleration of Maturity. If any one or more of the following events (each herein called an “Event of Default”) shall have occurred:
(a) all or any part of the principal of any of the Notes is not paid on the date such principal shall become due and payable in accordance with the terms of the Operative Documents, whether at the maturity thereof, by acceleration, , or by notice of prepayment, or all or any part of the interest accruing on any of the principal (including interest capitalized thereon) of any of the Notes or any other interest on the Obligations accruing at the Default Rate is not paid within five (5) Business Days after the date such interest shall become due and payable, whether at the maturity thereof, by acceleration, by notice of prepayment, or otherwise;
Events of Default Defined; Acceleration of Maturity. If any one or more of the following events (herein called "Events of Default") shall have occurred:
(a) all or any part of the principal of the Senior Unsecured Notes is not paid on the date such principal shall become due and payable, whether at the maturity thereof, by acceleration, by notice of mandatory prepayment or otherwise;
(b) all or any part of the interest on the Senior Unsecured Notes is not paid within 5 days following the date such interest becomes due and payable;
(c) all or any part of any other amount owing by the Company to the Purchaser pursuant to the terms of this Agreement or the Senior Unsecured
