Common use of Events of Default include Clause in Contracts

Events of Default include. (a) default for 30 days in the payment when due of interest on the Securities; (b) default in payment when due of principal of or premium, if any, on the Securities; (c) failure by the Company to comply with Section 5.01 of the Indenture; (d) failure by the Company for 60 days to comply with certain other agreements in this Indenture or the Securities; (e) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that is a Significant Subsidiary; and (f) except as permitted by the Indenture, any applicable Security Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Security Guarantee. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Securities may declare all the Securities to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency involving the Company, all outstanding Securities will become due and payable without further action or notice. Holders may not enforce this Indenture or the Securities except as provided in the Indenture. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Securities notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may on behalf of the Holders of all of the Securities waive any existing Default or Event of Default and its consequences under this Indenture except a continuing Default or Event of Default in the payment of interest on, or the principal of, the Securities. The Company is required to deliver to the Trustee annually a statement regarding compliance with this Indenture, and the Company is required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (ai) default for 30 days in the payment when due of interest on the SecuritiesNotes; (bii) default in payment when due of principal of or premium, if any, on the Securities; Notes when the same becomes due and payable at maturity, upon redemption (cincluding in connection with an offer to purchase) or otherwise, (iii) failure by the Company Issuers or any of their Subsidiaries to comply with Section 4.13, 5.01 or 5.02 of the Indenture; (div) failure by the Company Issuers or any of their Subsidiaries for 60 days after notice to the Issuers by the Trustee or the Holders of at least 25% in principal amount of the Notes then outstanding to comply with certain other agreements in this the Indenture or the SecuritiesNotes; (ev) default under certain other agreements relating to Indebtedness (other than any Indebtedness for which recourse is limited to the property purchased) of the Issuers which default results in the acceleration of such Indebtedness prior to its express maturity, if the principal amount of any accelerated Indebtedness aggregates $25.0 million or more and such Indebtedness is not paid or such acceleration is not annulled within 10 days after written notice to the Issuers of such acceleration; (vi) certain final judgments for the payment of money that remain undischarged for a period of 60 days; or (vii) certain events of bankruptcy or insolvency with respect to the Company Issuers or any of its Restricted Subsidiaries that is a Significant Subsidiary; and (f) except as permitted by the Indenture, any applicable Security Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Security Guaranteetheir Subsidiaries. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Securities Notes may declare all the Securities Notes to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency involving the Companyinsolvency, all outstanding Securities Notes will become due and payable without further action or notice. Holders may not enforce this Indenture the Indenture, the Notes or the Securities Collateral Documents, except as provided in the Indenture. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Securities Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Securities Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Securities Notes waive any existing Default or Event of Default and its consequences under this the Indenture except (i) a continuing Default or Event of Default in the payment of interest on, or the principal of, or premium, if any, on the SecuritiesNotes; or (ii) an Event of Default with respect to any covenant or provision of the Indenture which cannot be waived without the consent of the Holders of each Note affected thereby. The Company is Issuers are required to deliver to the Trustee annually a statement regarding compliance with this the Indenture, and the Company is Issuers are required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (ai) default for 30 days in the payment when due of interest on the SecuritiesNotes; (bii) default in payment when due of principal of or premium, if any, on the Securities; Notes when the same becomes due and payable at maturity, upon redemption or otherwise, (c) failure by the Company to comply with Section 5.01 of the Indenture; (diii) failure by the Company for 60 90 days after notice to the Company by the Trustee or the Holders of at least 25% in principal amount of the Notes then outstanding voting as a single class to comply with certain other agreements in this the Indenture or the SecuritiesNotes; (eiv) default under certain other agreements relating to Indebtedness of the Company which default results in the acceleration of such Indebtedness prior to its express maturity; (v) certain final judgments for the payment of money that remain undischarged for a period of 90 days; and (vi) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that is a Significant Subsidiary; and (f) except as permitted by the Indenture, any applicable Security Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Security GuaranteeCompany. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Securities Notes may declare the principal of all the Securities Notes and the interest accrued thereon to be due and payablepayable immediately. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency involving the Companyinsolvency, all outstanding Securities Notes will become due and payable without further action or notice. Holders may not enforce this the Indenture or the Securities Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Securities notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Securities Notes waive any existing past Default or Event of Default and its consequences under this Indenture except a continuing Default or Event of Default in the payment of principal of, premium, if any, or interest on, or any of the principal of, the SecuritiesNotes. The Company is required to deliver to the Trustee annually a statement regarding compliance with this the Indenture, and the Company is required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (ai) default for 30 days in the payment when due of interest on the SecuritiesNotes; (bii) default in payment when due of principal of or premium, if any, on the Securities; Notes when the same becomes due and payable at maturity, upon redemption (cincluding in connection with an offer to purchase) or otherwise, (iii) failure by the Company or any of its Restricted Subsidiaries to comply with Section 4.10, 4.15 or 5.01 of the Indenture; (div) failure by the Company or any of its Restricted Subsidiaries for 60 days after notice to the Company by the Trustee or the Holders of at least 25% in principal amount of the Notes (including Additional Notes, if any) then outstanding to comply with certain other agreements in this the Indenture or the SecuritiesNotes; (ev) default under certain other agreements relating to Indebtedness (other than any Indebtedness for which recourse is limited to the property purchased) of the Company or any Guarantor which default results in the acceleration of such Indebtedness prior to its express maturity, if the principal amount of any accelerated Indebtedness aggregates $5.0 million or more and such Indebtedness is not paid or such acceleration is not annulled within 10 days after written notice to the Company of such acceleration; (vi) certain final judgments for the payment of money that remain undischarged for a period of 60 days; or (vii) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that is a Significant Subsidiary; and (f) except as permitted by the Indenture, any applicable Security Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Security GuaranteeSubsidiaries. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Securities Notes may declare all the Securities Notes to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency involving the Companyinsolvency, all outstanding Securities Notes will become due and payable without further action or notice. Holders may not enforce this Indenture the Indenture, the Notes, the Note Guarantees or the Securities Collateral Documents, except as provided in the Indenture. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Securities Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Securities Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Securities Notes waive any existing Default or Event of Default and its consequences under this the Indenture except (i) a continuing Default or Event of Default in the payment of interest on, or the principal of, or premium, if any, on the SecuritiesNotes; or (ii) an Event of Default with respect to any covenant or provision of the Indenture which cannot be waived without the consent of the Holders of each Note affected thereby. The Company is required to deliver to the Trustee annually a statement regarding compliance with this the Indenture, and the Company is required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (ai) default for 30 days in the payment when due of interest or Additional Interest, if any, on the SecuritiesNotes; (bii) default in payment when due of principal of or premium, if any, on the Securities; Notes when the same becomes due and payable at maturity, upon redemption (cincluding in connection with an offer to purchase) or otherwise, (iii) failure by the Company or any of its Restricted Subsidiaries to comply with Section 4.15 or 5.01 of the Indenture; (div) failure by the Company for 60 30 days after notice to the Company by the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes (including Additional Notes, if any) then outstanding voting as a single class to comply with certain other agreements in this Indenture the Indenture, or the SecuritiesNotes; (ev) default under certain other agreements relating to Indebtedness of the Company which default results in the acceleration of such Indebtedness prior to its express maturity; (vi) certain final judgments for the payment of money in excess of $25.0 million in the aggregate that remain undischarged for a period of 60 days; (vii) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that is a Significant SubsidiarySubsidiaries; and (fviii) except as permitted by the Indenture, any applicable Security Note Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Security Note Guarantee. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Securities Notes may declare all the Securities Notes to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency involving the Companyinsolvency, all outstanding Securities Notes will become due and payable without further action or notice. Holders may not enforce this the Indenture or the Securities Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Securities Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Securities Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Securities Notes waive any existing Default or Event of Default and its consequences under this the Indenture except a continuing Default or Event of Default in the payment of interest on, premium and Additional Interest, if any, or the principal of, the SecuritiesNotes. The Company is required to deliver to the Trustee annually a statement regarding compliance with this the Indenture, and the Company is required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (ai) default for 30 days in the payment when due of interest or Liquidated Damages on the SecuritiesNotes; (bii) default in payment when due of principal of or premium, if any, on the Securities; Notes when the same becomes due and payable at maturity, upon redemption (cincluding in connection with an offer to purchase) or otherwise, (iii) failure by the Company to comply with Section 5.01 4.10 or 4.14 of the Indenture; (div) failure by the Company for 60 days after notice to the Company by the Trustee or the Holders of at least 25% in principal amount of the Notes (including Additional Notes, if any) then outstanding voting as a single class to comply with certain other agreements in this the Indenture or the SecuritiesNotes; (ev) default under certain other agreements relating to Indebtedness of the Company which default is caused by a failure to pay principal of such Indebtedness at the express maturity thereof or results in the acceleration of such Indebtedness prior to its express maturity; (vi) certain final judgments for the payment of money that remain undischarged for a period of 60 days; and (vii) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that is a Significant Subsidiary; and (f) except as permitted by the Indenture, any applicable Security Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Security GuaranteeMaterial Subsidiaries. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Securities Notes may declare all the Securities Notes to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency involving the Companyinsolvency, all outstanding Securities Notes will become due and payable without further action or notice. Holders may not enforce this the Indenture or the Securities Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Securities Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Securities Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Securities Notes waive any existing Default or Event of Default and its consequences under this the Indenture except a continuing Default or Event of Default in the payment of interest on, or the principal of, the SecuritiesNotes. The Company is required to deliver to the Trustee annually a statement regarding compliance with this the Indenture, and the Company is required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (ai) default for 30 days in the payment when due of interest or Liquidated Damages on the SecuritiesNotes; (bii) default in payment when due of principal of or premium, if any, on the Securities; Notes when the same becomes due and payable at maturity, upon redemption (cincluding in connection with an offer to purchase) or otherwise, (iii) failure by the Company to comply with Section Sections 3.09, 4.10, 4.15 or 5.01 of the Indenture; (div) failure by the Company Issuers for 60 30 days after notice to the Issuers by the Trustee or to the Issuers and the Trustee by the Holders of at least 25% in principal amount of the Notes (including Additional Notes, if any) then outstanding voting as a single class to comply with certain other agreements in this the Indenture or the SecuritiesNotes; (ev) default under certain other agreements relating to Indebtedness of the Issuers or their Restricted Subsidiaries which default results in the acceleration of such Indebtedness prior to its express maturity; (vi) certain final judgments for the payment of money that remain undischarged for a period of 60 days; and (vii) certain events of bankruptcy or insolvency with respect to the Company Issuers or any of its Restricted Subsidiaries that is a their Significant Subsidiary; and (f) except as permitted by the Indenture, any applicable Security Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Security GuaranteeSubsidiaries. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Securities Notes may declare all the Securities Notes to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency involving the Companyinsolvency, all outstanding Securities Notes will become due and payable without further action or notice. Holders may not enforce this the Indenture or the Securities Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Securities Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Securities Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Securities Notes waive any existing Default or Event of Default and its consequences under this the Indenture except a continuing Default or Event of Default in the payment of premium, principal, interest on, or Liquidated Damages on the principal of, the SecuritiesNotes. The Company is Issuers are required to deliver to the Trustee annually a statement regarding compliance with this the Indenture, and the Company is Issuers are required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (ai) default for 30 days in the payment when due of interest on on, or Liquidated Damages, if any, with respect to the SecuritiesNotes; (bii) default in the payment when due of the principal of of, or premium, if any, on on, the Securities; Notes when the same becomes due and payable at maturity, upon redemption or otherwise, (ciii) failure by Bear Creek Holdings Inc., the Company or any of its Restricted Subsidiaries to comply with Section 4.10, 4.15 or 5.01 of the Indenture; (div) failure by Bear Creek Holdings Inc., the Company or any of its Restricted Subsidiaries for 60 days after notice to the Company by the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes including Additional Notes, if any, then outstanding voting as a single class to comply with any of the other agreements in the Indenture; (v) default under certain other agreements relating to Indebtedness of the Company or any of its Restricted Subsidiaries which default results from a failure to pay principal of, or interest or premium, if any, on, such Indebtedness or results in this Indenture the acceleration of such Indebtedness prior to its express maturity, and the principal amount of Indebtedness aggregates $5.0 million or the Securitiesmore; (evi) certain final judgments for the payment of money that remain undischarged for a period of 60 days; (vii) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that is a Significant Subsidiary; Subsidiary or any group of Restricted Subsidiaries that, taken together, would constitute a Significant Subsidiary and (fviii) except as permitted by the Indenture, any applicable Security Note Guarantee shall be is held in any judicial proceeding to be unenforceable or invalid or shall cease ceases for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny denies or disaffirm disaffirms its obligations under such Guarantor's Security ’s Note Guarantee. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities Notes may declare all the Securities Notes to be due and payablepayable immediately. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency involving the Companyinsolvency, all outstanding Securities Notes will become due and payable immediately without further action or notice. Holders may not enforce this the Indenture or the Securities Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Securities Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Securities Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interestinterest or premium or Liquidated Damages, if any,) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities then outstanding Notes by notice to the Trustee may may, on behalf of the Holders of all of the Securities Notes, rescind an acceleration or waive any existing Default or Event of Default and its consequences under this the Indenture except a continuing Default or Event of Default in the payment of interest or premium or Liquidated Damages, if any, on, or the principal of, the SecuritiesNotes. The Company is required to deliver to the Trustee annually a statement regarding compliance with this the Indenture, and the Company is required required, upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (ai) default for 30 days in the payment when due of interest or Liquidated Damages on the SecuritiesNotes; (bii) default in payment when due of principal of or premium, if any, on the Securities; Notes when the same becomes due and payable at maturity, upon redemption (cincluding in connection with an offer to purchase) or otherwise, (iii) failure by the Company or any of its Restricted Subsidiaries to comply with Section 4.07, 4.09, 4.10, 4.15 or 5.01 of the Indenture; (div) failure by the Company or any of its Significant Subsidiaries for 60 days after notice to the Company by the Trustee or the Holders of at least 25% in principal amount of the Notes then outstanding to comply with certain other agreements in this Indenture or the SecuritiesIndenture; (ev) default under certain other agreements relating to Indebtedness of the Company or any of its Significant Subsidiaries which default results in the acceleration of, or constitutes a payment default with respect to, such Indebtedness prior to its express maturity; (vi) certain final judgments for the payment of money that remain undischarged for a period of 60 days; (vii) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that is a Significant SubsidiaryMaterial Subsidiaries; and (fviii) except as permitted by the Indenture, any applicable Security Subsidiary Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Security Subsidiary Guarantee. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Securities Notes may declare all the Securities Notes to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency involving the Companyinsolvency, all outstanding Securities Notes will become due and payable without further action or notice. Holders may not enforce this the Indenture or the Securities Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Securities Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Securities Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Securities Notes waive any existing Default or Event of Default and its consequences under this the Indenture except a continuing Default or Event of Default in the payment of interest interest, premium or Liquidated Damages, if any, on, or the principal of, the SecuritiesNotes. The Company is required to deliver to the Trustee annually a statement regarding compliance with this the Indenture, and the Company is required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.