Common use of Other Agreements Clause in Contracts

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000); 100,000) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); ) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Five Hundred Thousand Dollars ($50,000500,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); 50,000.00) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); or (b) any breach or default by Borrower or GuarantorGuarantor , the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Five Hundred Thousand Dollars ($50,000); 500,000.00) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;.

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have result in a material adverse effect on Material Adverse Change to Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have result in a material adverse effect on Material Adverse Change to Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Five Hundred Thousand Dollars ($50,000500,000); or (b) any breach or default by Borrower or Guarantor, the result of which could reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Two Hundred Thousand Dollars ($50,000200,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of One Hundred Fifty Thousand Dollars ($50,000150,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); ) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s 's business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Two Hundred Thousand Dollars ($50,000); 200,000) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of One Hundred Fifty Thousand Dollars ($50,000150,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have result in a material adverse effect on Material Adverse Change to Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000); or (b) any breach or default by Borrower or GuarantorBorrower, the result of which could would reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Seven Hundred Fifty Thousand Dollars ($50,000750,000); or (b) any breach or default by Borrower or Guarantor, the result of which could would reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business, taken as a whole;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty the Dollar Equivalent of Two Hundred Thousand Dollars ($50,000200,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Five Hundred Thousand Dollars ($50,000500,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000); or (b) any breach or default by Borrower or Guarantor, the result of which could reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s businessMaterial Adverse Effect;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s businessMaterial Adverse Change;

Other Agreements. There is, under is a default in any agreement to which a Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000); 100,000) or (b) any breach or default by Borrower or Guarantor, the result of which that could reasonably be expected to have a material adverse effect on a Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of One Hundred Fifty Thousand Dollars ($50,000150,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which a Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000); or (b) any breach or default by a Borrower or GuarantorGuarantor , the result of which could have a material adverse effect on a Borrower’s or any Guarantor’s business;

Other Agreements. (a) There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand One Million Dollars ($50,0001,000,000); or (b) any breach or there is a default by Borrower or Guarantor, under the result of which could have a material adverse effect on Borrower’s or any Guarantor’s businessTriplePoint Loan Agreements;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or partiesparties (other than the Senior Loan Agreement), (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000.00); or (b) any breach or default by under any material agreement of Borrower or Guarantor, the result of which Guarantor that could have a material adverse effect on Borrower’s or any Guarantor’s business, taken as a whole;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate which results in the acceleration of the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand One Million Dollars ($50,000); 1,000,000.00) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, is (a) a default under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, . whether or not exercised, to accelerate the maturity of any Indebtedness in an amount amount, individually or in the aggregate aggregate, in excess of Fifty Five Hundred Thousand Dollars ($50,000); 500,000.00) or (b) any breach or default by Borrower or GuarantorGuarantor under any agreement, the result of which could reasonably be expected to have a material adverse effect on Borrower’s 's or any Guarantor’s 's business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, is (a) a default under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount amount, individually or in the aggregate aggregate, in excess of Fifty Five Hundred Thousand Dollars ($50,000); 500,000.00) or (b) any breach or default by Borrower or GuarantorGuarantor under any agreement, the result of which could reasonably be expected to have a material adverse effect on Borrower’s 's or any Guarantor’s 's business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); ) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s 's or any Guarantor’s 's business;

Other Agreements. There is, under any agreement to which a Co-Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Five Hundred Thousand Dollars ($50,000500,000); or (b) any breach or default by a Co-Borrower or Guarantor, the result of which could reasonably be expected to have a material adverse effect on such Co-Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default by Borrower or any Guarantor in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); ) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000); or (b) any breach or default by Borrower or Guarantor, the result of which could reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); 50,000 or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000); 250,000.00) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000); or (b) any breach or default by Borrower or Guarantorguarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantorguarantor’s business;

Other Agreements. There is, If there is a default under any agreement to which Borrower any Borrower Subsidiary, or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or partiesparty, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;20,000,000.

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand One Million Dollars ($50,0001,000,000); or (b) any breach or default by Borrower or GuarantorGuarantor , the result of which could reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s businessthe business of Borrower and its Subsidiaries, taken as a whole;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000); 100,000) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,00050,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or partiesparties (other than the Subordinated Loan Agreement), (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000.00); or (b) any breach or default by under any material agreement of Borrower or Guarantor, the result of which Guarantor that could have a material adverse effect on Borrower’s or any Guarantor’s business, taken as a whole;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or partiesparties (other than the Senior Loan Agreement), (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Five Hundred Thousand Dollars ($50,000500,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement Agreement to which Borrower or any Guarantor is a party with a third party or partiesparty, (a) a payment default by Borrower or a Guarantor, (b) any other default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); 100,000 or (bc) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of One Hundred Fifty Thousand Dollars ($50,000150,000); or (b) any breach or default by Borrower or any Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not net exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Two Hundred Thousand Dollars ($50,000200,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under If there is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Five Hundred Thousand Dollars ($50,000); 500,000.00) or (b) any breach or default by Borrower or Guarantor, the that could reasonably be expected to result of which could have in a material adverse effect on Borrower’s or any Guarantor’s business;Material Adverse Change.

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Two Million Dollars ($50,0002,000,000); or (b) any breach or default by Borrower or GuarantorGuarantor , the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000); or (b) any breach or default by Borrower or GuarantorBorrower, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand One Million Dollars ($50,000); 1,000,000) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000); or (b) any breach or default by Borrower or GuarantorGuarantor , the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement Material Contract to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000)Material Indebtedness; or (b) any breach or default by Borrower or Guarantor, the result of which could have would reasonably be expected to cause a material adverse effect on Borrower’s or any Guarantor’s businessMaterial Adverse Change;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s ’ s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Seven Hundred Fifty Thousand Dollars ($50,000750,000); or (b) any breach or default by Borrower or Guarantor, the result of which could reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Two Hundred Thousand Dollars ($50,000200,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000); or (b) any breach or default by Borrower or any Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000)[****]; or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); or (b) any breach or default by Borrower or GuarantorBorrower, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default including, without limitation, the Pinnacle Loan Documents, resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000); 250,000) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Five Hundred Thousand Dollars ($50,000500,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;.

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,00050,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have result in a material adverse effect on Material Adverse Change to Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Three Hundred Fifty Thousand Dollars ($50,000350,000.00); or (b) any breach or default by Borrower or any Guarantor, the result of which could reasonably be expected to have a material adverse effect on Borrower’s or any and the Guarantor’s businessbusiness taken as a whole;

Other Agreements. There is, under is a default in any agreement to which any Borrower or any Guarantor is a party with Bank or with a third party or parties, (a) any default parties resulting in a right by Bank or such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000); 100,000) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on any Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Five Hundred Thousand Dollars ($50,000500,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s businessbusiness or operations;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000250,000); or (b) any breach or default by Borrower or GuarantorBorrower, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Three Hundred Fifty Thousand Dollars ($50,000350,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have result in a material adverse effect on Material Adverse Change to Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); ) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s businessbusiness and, in either event, Borrower has received notice of such default from such third party or parties;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have result in a material adverse effect on Material Adverse Change to Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, . (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000); 250,000) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;.

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate for all Note Parties in excess of Fifty One Hundred Thousand Dollars ($50,000100,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s the Note Parties’ business, taken as a whole;

Other Agreements. There is, under any agreement to which a Co-Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Five Hundred Thousand Dollars ($50,000500,000); or (b) any breach or default by Co-Borrower or Guarantor, the result of which could have a material adverse effect on Co-Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Five Hundred Dollars ($50,000500,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s 's or any Guarantor’s 's business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred Fifty Thousand Dollars ($50,000); 250,000) or (b) any breach or default by Borrower or Guarantor, the result of which could that would reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000); 100,000) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s 's or any Guarantor’s 's business;

Other Agreements. (a) There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand One Million Dollars ($50,000); or 1,000,000);or (b) any breach or there is a default by Borrower or Guarantor, under the result of which could have a material adverse effect on Borrower’s or any Guarantor’s businessEquipment Loan Agreement;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); 200,000 or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Two Hundred Thousand Dollars ($50,000); 200,000.00) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness for borrowed money in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business250,000;

Other Agreements. There is, under is a default in any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000); or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Five Hundred Thousand Dollars ($50,000500,000.00); or (b) any breach or default by Borrower or Guarantor, the that could reasonably be expected to result of which could have in a material adverse effect on Borrower’s or any Guarantor’s businessMaterial Adverse Change;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Five Hundred Dollars ($50,000500,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which any Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand One Million Dollars ($50,0001,000,000.00); or (b) any breach or default by any Borrower or Guarantor, the result of which could have a material adverse effect on such Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000)250,000; or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s businessMaterial Adverse Change;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty One Hundred Thousand Dollars ($50,000100,000.00); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business’s;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Two Hundred and Fifty Thousand Dollars ($50,000)250,000) that continues after any applicable cure period; or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under is a default in any agreement to which any Borrower or any Guarantor is a party with a third party or parties, (a) any default parties resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand One Million Dollars ($50,000); 1,000,000) or (b) any breach or default by Borrower or Guarantor, the result of which that could have a material adverse effect on Borrower’s the business of Comverge, Enerwise or PES or on the business of the Borrowers taken as a whole, or on the business of any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or parties, (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Two Hundred Thousand Dollars ($50,000200,000); or (b) any breach or default by Borrower or Guarantor, the result of which could reasonably be expected to have a material adverse effect on Borrower’s or any Guarantor’s business;

Other Agreements. There is, under any agreement to which Borrower or any Guarantor is a party with a third party or partiesparties (including, without limitation, under any SVB Loan Document), (a) any default resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount individually or in the aggregate in excess of Fifty Thousand Dollars ($50,000); or (b) any breach or default by Borrower or Guarantor, the result of which could have a material adverse effect on Borrower’s or any Guarantor’s business;