Other Cross-Defaults. Any Borrower or any of its Subsidiaries shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such Borrower or such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such Borrower or such Subsidiary to the extent required by GAAP.
Appears in 5 contracts
Samples: Credit Agreement (Breed Technologies Inc), Credit Agreement (Rare Hospitality International Inc), Loan and Security Agreement (United States Lime & Minerals Inc)
Other Cross-Defaults. Any Borrower or any of its Subsidiaries Subsidiary thereof shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such Borrower or such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such Borrower or such Subsidiary to the extent required by GAAP.
Appears in 3 contracts
Samples: Credit Agreement (Cornerstone Realty Income Trust Inc), Credit Agreement (Cornerstone Realty Income Trust Inc), Credit Agreement (Cornerstone Realty Income Trust Inc)
Other Cross-Defaults. Any Borrower or any of its Subsidiaries Subsidiary shall default in the payment when due, or in the performance or observance, of any material obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such Borrower or such Subsidiary in good faith by appropriate actions or proceedings and adequate reserves in respect thereof have been established on the books of such Borrower or such Subsidiary to the extent required by GAAP.
Appears in 3 contracts
Samples: Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc)
Other Cross-Defaults. Any The Borrower or any of its Subsidiaries shall default in the payment when due, or in the performance or observance, of any obligation or condition of any (i) Material Contract unless, but only as long as, the existence of any such default is being contested by such the Borrower or such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Subsidiary to the extent required by GAAPGAAP or (ii) any Security Document.
Appears in 2 contracts
Samples: Credit Agreement (Hickory Tech Corp), Credit Agreement (Hickory Tech Corp)
Other Cross-Defaults. Any The Borrower or any of its Restricted Subsidiaries shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract the breach of which could reasonably be expected to have a Material Adverse Effect unless, but only as long as, the existence of any such default is being contested by such the Borrower or such Restricted Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Restricted Subsidiary to the extent required by GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Lci International Inc /Va/), 364 Day Credit Agreement (Lci International Inc /Va/)
Other Cross-Defaults. Any The Borrower or any of its Restricted Subsidiaries shall default in the payment when due, or in the performance or observance, of any material obligation or condition of any Material Contract (other than Debt for Money Borrowed) involving monetary liability in an amount in excess of $1,000,000 unless, but only as long as, the existence of any such default is being contested by such the Borrower or such Restricted Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Subsidiary to the extent required by GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Insignia Financial Group Inc /De/), Credit Agreement (Insignia Esg Holdings Inc)
Other Cross-Defaults. Any Borrower or any of its Subsidiaries Subsidiary thereof shall -------------------- default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such Borrower or such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such Borrower or such Subsidiary to the extent required by GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Global Imaging Systems Inc), Credit Agreement (Global Imaging Systems Inc)
Other Cross-Defaults. Any The Borrower or any of its Subsidiaries shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such the Borrower or any such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Subsidiary to the extent required by GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc)
Other Cross-Defaults. Any The Borrower or any of its Subsidiaries Subsidiary shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such the Borrower or any such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Subsidiary to the extent required by GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Digital Generation Systems Inc), Credit Agreement (Digital Generation Systems Inc)
Other Cross-Defaults. Any The Domestic Borrower or any of its Subsidiaries shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such the Domestic Borrower or any such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Domestic Borrower or such Subsidiary to the extent required by GAAP.
Appears in 2 contracts
Samples: Credit Agreement (G&k Services Inc), Credit Agreement (G&k Services Inc)
Other Cross-Defaults. Any The Borrower or any of its Subsidiaries shall default in the payment when due, or in the performance or observance, of any material obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such the Borrower or such Subsidiary in good faith and by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Subsidiary to the extent required by GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Roanoke Electric Steel Corp), Credit Agreement (Roanoke Electric Steel Corp)
Other Cross-Defaults. Any Borrower The Borrowers or any of its their Subsidiaries shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unlessContract; provided and except, but only the foregoing shall not apply so long as long as, the existence of any such default is being contested by such Borrower the Borrowers or such Subsidiary in good faith by appropriate proceedings diligently conducted, and adequate reserves in respect thereof have been established on the books of such Borrower the Borrowers or such Subsidiary to the extent required by GAAP.
Appears in 1 contract
Other Cross-Defaults. Any Borrower or any of its Subsidiaries Subsidiary -------------------- shall default in the payment when due, or in the performance or observance, of any material obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such Borrower or such Subsidiary in good faith by appropriate actions or proceedings and adequate reserves in respect thereof have been established on the books of such Borrower or such Subsidiary to the extent required by GAAP.
Appears in 1 contract
Other Cross-Defaults. Any Borrower or any of its Subsidiaries Subsidiary thereof shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract the result of which would involve monetary liability in an amount in excess of $5,000,000 unless, but only as long as, the existence of any such default is being contested by such Borrower or such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such Borrower or such Subsidiary to the extent required by GAAP.
Appears in 1 contract
Other Cross-Defaults. Any The Borrower or any of its Subsidiaries shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such the Borrower or any such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or any such Subsidiary to the extent required by GAAP.
Appears in 1 contract
Other Cross-Defaults. Any Borrower or any of its Subsidiaries Subsidiary thereof shall default in the payment when due, or in the performance or observance, of any material obligation or material condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such Borrower or such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such Borrower or such Subsidiary to the extent required by GAAP.
Appears in 1 contract
Other Cross-Defaults. Any The Borrower or any of its Subsidiaries Consolidated Entities shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such the Borrower or such Subsidiary Consolidated Entity in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Subsidiary Consolidated Entity to the extent required by GAAP.
Appears in 1 contract
Other Cross-Defaults. Any The Borrower or any of its Subsidiaries shall default in the payment when due, or in the performance or observance, of any obligation or condition of (i) any Material Contract unless, but only as long as, the existence of any such default is being contested by such the Borrower or such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Subsidiary to the extent required by GAAPGAAP or (ii) any Security Document.
Appears in 1 contract
Samples: Credit Agreement (Hickory Tech Corp)
Other Cross-Defaults. Any The Borrower or any of its Subsidiaries shall default in the payment when due, or in the performance or observance, of any material obligation or material condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such the Borrower or such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Subsidiary to the extent required by GAAP.
Appears in 1 contract
Other Cross-Defaults. Any The Borrower or any of its Subsidiaries Subsidiary thereof shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such the Borrower or any such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Subsidiary to the extent required by GAAP.
Appears in 1 contract
Other Cross-Defaults. Any The Borrower or any of its Subsidiaries shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such the Borrower or such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Subsidiary to the extent required by GAAPGAAP or the existence of any such default could not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Other Cross-Defaults. Any The Borrower or any of its Subsidiaries shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract and such default shall continue beyond the period of grace, if any, provided in such Material Contract unless, but only as long as, the existence of any such default is being contested by such the Borrower or such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such the Borrower or such Subsidiary to the extent required by GAAP.
Appears in 1 contract
Samples: Credit Agreement (Medcath Inc)
Other Cross-Defaults. Any Borrower or any of its Subsidiaries shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such Borrower or such Subsidiary in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such Borrower or such Subsidiary to the extent required by GAAP.
Appears in 1 contract
Samples: Credit Agreement (Sholodge Inc)
Other Cross-Defaults. Any Borrower or any of its Subsidiaries the Borrowers shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract unless, but only as long as, the existence of any such default is being contested by such Borrower or such Subsidiary the Borrowers in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such Borrower or such Subsidiary the Borrowers to the extent required by GAAP.
Appears in 1 contract
Samples: Credit Agreement (Med Waste Inc)