Common use of Financing Default Clause in Contracts

Financing Default. The term “Financing Default” shall mean an event which would constitute (or with notice or lapse of time or both would constitute) an event of default under any of the following as they may be amended from time to time: (i) the Credit Agreement, dated as of February 9, 2011, among NMH Holdings, LLC, NMH as Borrower, the several banks and other financial institutions or entities from time to time parties thereto and UBS AG, Stamford Branch, as administrative agent, as amended, and the Indenture, dated as of February 9, 2011, among NMH, the Guarantors (as defined in the Indenture), and Xxxxx Fargo Bank, National Association, as trustee, as amended, and the Senior Notes issued by NMH pursuant to the Indenture (collectively, the “Financing Agreements”), and any extensions, renewals, refinancings or refundings thereof in whole or in part; (ii) any other agreement under which an amount of indebtedness of the Company or any of its subsidiaries in excess of $5,000,000 is outstanding as of the time of the aforementioned event, and any extensions, renewals, refinancings or refundings thereof in whole or in part; (iii) restrictive financial covenants contained in the LLC Agreement of the Company or NMH’s organizational documents; (iv) any amendment of, supplement to or other modification of any of the instruments referred to in clauses (i) through (iii) above; and (v) any of the securities issued pursuant to or whose terms are governed by the terms of any of the agreements set forth in clauses (i) through (iv) above, and any extensions, renewals, refinancings or refundings thereof in whole or in part.

Financing Default. The term “"Financing Default” " shall mean an event which would constitute (or with notice or lapse of time or both would constitute) an event of default under any of the following as they may be amended from time to time: (i) the Credit Agreement, Agreement dated as of February 9_______ __, 2011, 2000 among NMH Holdings, LLC, NMH as BorrowerMerger Sub, the several banks and other financial institutions or entities from time to time parties lenders party thereto and UBS AG, Stamford BranchBankers Trust Company, as administrative agent, as amendedagent for such lenders, and the Indenture$40 million of Subordinated Notes dated _______ __, dated as of February 9, 2011, among NMH, the Guarantors (as defined in the Indenture), and Xxxxx Fargo Bank, National Association, as trustee, as amended, and the Senior Notes 2000 issued by NMH pursuant to Merger Sub or Holdings (collectively the Indenture (collectively, the “"Senior Financing Agreements”"), and any extensions, renewals, refinancings or refundings thereof in whole or in part; (ii) any other agreement under which an amount of indebtedness of the Company or any of its subsidiaries in excess of $5,000,000 1,000,000 is outstanding as of the time of the aforementioned event, and any extensions, renewals, refinancings or refundings thereof in whole or in part; (iii) restrictive financial covenants contained in any provisions of the LLC Agreement operating agreement of the Company or NMH’s the Company's or any of its subsidiaries' organizational documentsdocuments designating the terms of the Company's units or capital stock or setting forth restrictive financial covenants; (iv) any amendment of, supplement to or other modification of any of the instruments referred to in clauses (i) through (iii) above; and (v) any of the securities issued pursuant to or whose terms are governed by the terms of any of the agreements set forth in clauses (i) through (iv) above, and any extensions, renewals, refinancings or refundings thereof in whole or in part.

Financing Default. The term “"Financing Default” " shall mean an event which would constitute (or with notice or lapse of time or both would constitute) an event of default under any of the following as they may be amended from time to time: (i) the Credit Agreement, Agreement dated as of February 9June 29, 20112006 among National Mentor Holdings, among Inc. ("NMH"), NMH Holdings, LLC, NMH as Borrower, the several banks and other financial institutions or entities from time to time parties lenders party thereto and UBS AGJPMorgan Chase Bank, Stamford Branch, N.A. as sole administrative agentagent for such lenders, as amended, and the Indenture, dated as of February 9June 29, 20112006, among NMH, the Guarantors (as defined in the Indenture), and Xxxxx Fargo Bank, U.S. Bank National Association, as trustee, as amended, and the Senior Subordinated Notes issued by NMH pursuant to the Indenture (collectively, the “"Financing Agreements”"), and any extensions, renewals, refinancings or refundings thereof in whole or in part; (ii) any other agreement under which an amount of indebtedness of the Company or any of its subsidiaries in excess of $5,000,000 is outstanding as of the time of the aforementioned event, and any extensions, renewals, refinancings or refundings thereof in whole or in part; (iii) restrictive financial covenants contained in the LLC Agreement of the Company or NMH’s 's organizational documents; (iv) any amendment of, supplement to or other modification of any of the instruments referred to in clauses (i) through (iii) above; and (v) any of the securities issued pursuant to or whose terms are governed by the terms of any of the agreements set forth in clauses (i) through (iv) above, and any extensions, renewals, refinancings or refundings thereof in whole or in part.