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 _______ __, 2000 among Merger Sub, the lenders party thereto and Bankers Trust Company, as agent for such lenders, and $40 million of Subordinated Notes dated _______ __, 2000 issued by Merger Sub or Holdings (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 $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) any provisions of the operating agreement of the Company or the Company's or any of its subsidiaries' organizational documents 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.

Appears in 1 contract

Samples: Merger Agreement (Vestar Capital Partners Iv Lp)

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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 _______ __June 29, 2000 2006 among Merger SubNational Mentor Holdings, Inc. ("NMH"), NMH Holdings, LLC, the lenders party thereto and Bankers Trust CompanyJPMorgan Chase Bank, N.A. as sole administrative agent for such lenders, as amended, and $40 million of the Indenture, dated as June 29, 2006, among NMH, the Guarantors (as defined in the Indenture), and U.S. Bank National Association, as trustee, as amended, and the Senior Subordinated Notes dated _______ __, 2000 issued by Merger Sub or Holdings NMH pursuant to the Indenture (collectively 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 $1,000,000 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) any provisions of restrictive financial covenants contained in the operating agreement LLC Agreement of the Company or the CompanyNMH's or any of its subsidiaries' organizational documents designating the terms of the Company's units or capital stock or setting forth restrictive financial covenantsdocuments; (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.

Appears in 1 contract

Samples: Director Unit Subscription Agreement (National Mentor Holdings, Inc.)

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 _______ __June 26, 2000 2006 among Merger SubNational Mentor Holdings, Inc. (“NMH”), NMH Holdings, LLC, the lenders party thereto and Bankers Trust CompanyJPMorgan Chase Bank, N.A. as sole administrative agent for such lenders, and $40 million the Indenture, dated as of the date hereof, among NMH, the Guarantors (as defined in the Indenture), and U.S. Bank National Association, as trustee, and the Senior Subordinated Notes dated _______ __, 2000 issued by Merger Sub or Holdings NMH pursuant to the Indenture (collectively 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 $1,000,000 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) any provisions of restrictive financial covenants contained in the operating agreement LLC Agreement of the Company or the Company's or any of its subsidiaries' NMH’s organizational documents designating the terms of the Company's units or capital stock or setting forth restrictive financial covenantsdocuments; (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.

Appears in 1 contract

Samples: Director Unit Subscription Agreement (Massachusetts Mentor, Inc.)

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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 _______ __the date hereof among NMH, 2000 among Merger SubNMH Holdings, LLC, the lenders party thereto and Bankers Trust CompanyJPMorgan Chase Bank, N.A. as sole administrative agent for such lenders, and $40 million the Indenture, dated as of the date hereof, among NMH, the Guarantors (as defined in the Indenture), and U.S. Bank National Association, as trustee, and the Senior Subordinated Notes dated _______ __, 2000 issued by Merger Sub or Holdings NMH pursuant to the Indenture (collectively 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 $1,000,000 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) any provisions of restrictive financial covenants contained in the operating agreement LLC Agreement of the Company or the Company's or any of its subsidiaries' NMH’s organizational documents designating the terms of the Company's units or capital stock or setting forth restrictive financial covenantsdocuments; (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.

Appears in 1 contract

Samples: Management Unit Subscription Agreement (Massachusetts Mentor, Inc.)

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