Common use of Other Agreements Clause in Contracts

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 100,000 or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to could have a Material Adverse Effect;” 11. Section 8.9 of the Agreement hereby is amended and restated in its entirety to read as follows:

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Five Hundred Thousand Dollars ($250,000, (b500,000) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, 50,000); or (c) that would reasonably be expected to which could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real propertyproperty material to the conduct of Borrower’s business, if such default or failure to perform results in the right of another party, whether or not exercised, to terminate such lease, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real propertyproperty that has not been cured or waived by the landlord under such lease (but only if the landlord thereof has given Borrower notice of such default), or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, ); or (c) that would reasonably be expected to which could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, or (c) that would which could reasonably be expected to have a Material Adverse Effect;.

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 500,000 or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower or any Subsidiary of Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of One Hundred Thousand Dollars ($250,000, (b100,000) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there There is a default or other failure to perform in by Borrower under any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third third-party or partiesright, whether or not exercised, to accelerate the maturity of any Indebtedness indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 1,000,000 or (c) that would reasonably be expected to have a Material Adverse Effect;material adverse effect on Borrower.

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Fifty Thousand Dollars ($250,000, (b50,000) in connection with any lease of real property, or (c) that would reasonably be expected to which could have a Material Adverse Effect;.

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Thousand Dollars ($250,000, (b200,000) in connection with any lease of real property, or (c) that would which could reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a an uncured default or other uncured failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000300,000, (b) in connection with any lease of real propertyproperty material to the conduct of Borrower’s business, if such default or failure to perform results in the right of another party to terminate such lease, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 100,000); or (c) that would reasonably be expected to which could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to which could have a Material Adverse Effect;.

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Fifty Thousand Dollars ($250,000, (b50,000) in connection with any lease of real property, or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 500,000 or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 250,000 or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party parry or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 500,000 or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000200,000, (b) in connection with any lease of real propertyproperty material to the conduct of Borrower’s business, if such default or failure to perform results in the right of another party to terminate such lease, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which the Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Five Million Dollars ($250,000, (b5,000,000) in connection with any lease of real property, or (c) that would which could reasonably be expected to have a Material Adverse Effect;.

Other Agreements. If there is a an uncured default or other uncured failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Three Hundred Thousand Dollars ($250,000, (b300,000.00) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Fifty Thousand Dollars ($250,000, (b50,000) in connection with any lease of real property, or (c) that would reasonably be expected to which could have a Material Adverse Effect;.

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Five Hundred Thousand Dollars ($250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect500,000);

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000750,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 350,000 or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, or (c) that would which could reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Five Hundred Thousand Dollars ($250,000, (b500,000) in connection with any lease of real property, or (c) that would which could reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 200,000 or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which any Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 100,000 or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 50,000 or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, 250,000 (b) in connection with any lease of real property, property or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which any Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b250,000.00) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Three Hundred Thousand Dollars ($250,000, (b300,000) in connection with any lease of real property, or (c) that would which could reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 250,000 or (c) that would which could reasonably be expected to have a Material Adverse Effect;

Other Agreements. If (a) there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (ai) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000500,000, (bii) in connection with any lease of real property, or (ciii) that would reasonably be expected to have a Material Adverse Effect;that

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of *** Dollars ($250,000, (b***) in connection with any lease of real property, or (c) that which would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,0005250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, or (c) that would which could reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower and/or its Subsidiaries is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, or (c) that would could reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there There is a default or other failure to perform in any agreement to which Borrower or any of its Subsidiaries is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000250,000.00), (b) in connection with any lease of real propertyproperty material to the conduct of Borrower’s business, if such default or failure to perform results in the right of another party to terminate such lease, or (c) that would could reasonably be expected to have a Material Adverse EffectChange;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower or any Guarantor is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand ($250,000, (b) in connection with any lease of real property, or (c) that would 250,000)or which could reasonably be expected to have a Material Adverse Effect;.

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower and/or its Subsidiaries is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Five Hundred Thousand Dollars ($250,000, (b500,000) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of One Hundred Thousand Dollars ($250,000, (b) in connection with any lease of real property, 100,000); or (c) that would reasonably be expected to which could have a Material Adverse Effect;

Other Agreements. If (a) there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (ai) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000500,000, (bii) in connection with any lease of real propertyproperty material to the conduct of Borrower’s business, if such default or failure to perform results in the right of another party to terminate such lease, or (ciii) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a an uncured default or other uncured failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, 350,000 or (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform under or in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, 50,000); or (c) that would reasonably be expected to which could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, 500,000 (b) in connection with any lease of real property, property or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, 250,000 or (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000ofS250,000, (b) } in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower or any Guarantor is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Fifty Thousand Dollars ($250,000, (b50,000) in connection with any lease of real property, or (c) that would reasonably be expected to which could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000500,000, (b) in connection with any lease of real propertyproperty (after giving effect to any grace or cure period), or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 100,000.00 or (c) that would could reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 500,000.00 or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in occurs under any agreement to which Borrower is a party with a third party or parties (a) or by which Borrower is bound resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Five Million Dollars ($250,000, (b5,000,000) in connection with any lease of real property, or (c) that would reasonably be expected to which could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which any Borrower and/or its Subsidiaries is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Three Hundred Thousand Dollars ($250,000, (b300,000) in connection with any lease of real property, or (c) that would could reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party parry or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 50,000 or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect);

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of One Million Dollars ($250,000, (b1,000,000) in connection with any lease of real property, or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect1,000,000;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000100,000, (b) in connection with any lease for real property related to the Borrower’s principal place of real propertybusiness which results in the ability of the landlord to terminate such lease, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Five Hundred Thousand Dollars ($250,000, (b500,000) in connection with any lease of real property, or (c) that which would reasonably be expected to have a Material Adverse EffectEffect or if any default or breach occurs under an agreement or instrument between Bank and any Affiliate of Borrower;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Million Dollars ($250,000, (b2,000,000) in connection with any lease of real property, or (c) that would reasonably be expected to which could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity acceleration of any Indebtedness prior to its maturity in an amount in excess of $250,000, (b) in connection with any lease of real property, 500,000 or (c) that would is reasonably be expected likely to have a Material Adverse Effect;

Other Agreements. If there is a Any default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, or (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform by Borrowers in any agreement to which either Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness of Borrowers in an amount in excess of $250,000, (b) in connection with any lease of real property, 250,000 or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,00025,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Five Hundred Thousand Dollars ($250,000, (b500,000) in connection with any lease of real property, or (c) that would could reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in (1) any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000125,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;, or (2) the Financing Agreement. 2) The following defined term set forth in Exhibit A to the Agreement is hereby amended and restated, as follows:

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness (which shall not include any amounts owed by Borrower as lessee to the lessor in any lease for real property) in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000[***], or (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to ---------------- perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, 50,000); or (c) that would reasonably be expected to which could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in by any Borrower has occurred under any agreement to which such Borrower is a party with a third party or parties by which it is bound (a) resulting results in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, ) or (b) in connection with any lease of real property, or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Five Hundred Thousand Dollars ($250,000, (b500,000) in connection with any lease of real property, or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of One Hundred Thousand Dollars ($250,000, (b100,000) in connection with any lease of real property, or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of ($250,000, (b500,000) in connection with any lease of real property, or (c) that would reasonably be expected to which could have a Material Adverse Effect;.

Other Agreements. If there There is a default or other failure to perform in by Borrower under any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third third-party or partiesright, whether or not exercised, to accelerate the maturity of any Indebtedness indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, [ ] or (c) that would reasonably be expected to have a Material Adverse Effect;material adverse effect on Borrower.

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of One Hundred Thousand Dollars ($250,000, (b100,000) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 500,000 or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any nay agreement to which Borrower is a party with a third party or of parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness indebtedness in an amount in excess of $250,000, 250,000 (b) in connection with any lease of real property, property or (c) that would reasonably be expected to have a Material material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, 650,000 (b) in connection with any lease of real propertyproperty that would permit such landlord to terminate the lease, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 1,000,000 or (c) that would which could reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 5,000,000 or (c) that would reasonably be expected to could have a Material Adverse Effect;

Other Agreements. If there There is a default or other failure to perform in by Borrower under any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or partiesparty, whether or not exercised, to accelerate the maturity of any Indebtedness indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 10,000 or (c) that would reasonably be expected to have a Material Adverse Effect;materially adverse effect on Borrower’s financial condition, ability to operate, or ability to perform its obligations under this Agreement.

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real propertyproperty that is material to the conduct of Borrower’s business, if such default or failure to perform results in the right of another party to terminate such lease, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower and/or its Subsidiaries is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of One Million Dollars ($250,000, (b1,000,000) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a an uncured default or other uncured failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Three Hundred Thousand Dollars ($250,000, (b300,000) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform by Borrower in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, 250,000 or (b) in connection with any lease of material real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower or any Subsidiary is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 1,000,000 or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower or any Subsidiary of Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness Debt in an amount in excess of $250,000, (b) in connection with any lease of real property, 20,000 or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which Borrower and/or its Subsidiaries is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of One Hundred Thousand Dollars ($250,000, (b100,000) in connection with any lease of real property, or (c) that would reasonably be expected to have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to ---------------- perform in any agreement to which Borrower is a party with a third party or parties (a) by which it is bound resulting in a right by such a third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of Five Hundred Thousand Dollars ($250,000, (b) in connection with any lease of real property, 500,000); or (c) that would reasonably be expected to which could have a Material Adverse Effect;

Other Agreements. If there is a default or other failure to perform in any agreement to which a Borrower is a party with a third party or parties (a) resulting in a right by such third party or parties, whether or not exercised, to accelerate the maturity of any Indebtedness in an amount in excess of $250,000, (b) in connection with any lease of real property, 250,000 or (c) that would reasonably be expected to have a Material Adverse Effect;