Common use of Other Funded Debt Clause in Contracts

Other Funded Debt. In respect of any Debt (other than the Obligation) individually or collectively of at least $3,000,000 (a) any default or other event or condition occurs or exists (other than a mandatory prepayment as a result of disposition of assets if permitted by the Loan Documents) beyond the applicable grace or cure period (and solely with respect to the Debt set forth in ITEM 8 of SCHEDULE 9.2, such default or other event or condition continues for twenty Business Days beyond such grace or cure period) the effect of which is to cause or to permit any holder of that Funded Debt to cause, whether or not it elects to cause, any of that Funded Debt to become due before its stated maturity or regularly scheduled payment dates, or (b) any of that Debt is declared to be due and payable or required to be prepaid by any Company before its stated maturity (and solely with respect to the Debt set forth in ITEM 8 of SCHEDULE 9.2, such prepayment is not made by Borrower within twenty Business Days after such guaranty is called). Notwithstanding the foregoing sentence, it shall not be a Default if (y) either (i) the validity or amount of such accelerated Debt is being contested in good faith by lawful proceedings diligently conducted, or (ii) a nonappealable judgment has been entered against any Company with respect to such Debt, and such judgment is satisfied within ninety days after it is entered, and (z) a reserve or other provision required by GAAP has been made.

Other Funded Debt. In respect of any Debt (other than the Obligation, Debt arising under the Existing Credit Agreement and Debt arising under the Subordinated Notes) individually or collectively of at least $3,000,000 10,000,000 (a) any default or other event or condition occurs or exists (other than a mandatory prepayment as a result of disposition of assets if permitted by the Loan Documents) beyond the applicable grace or cure period (and solely with respect to the Debt set forth in ITEM 8 ITEMS 2 and 4 of SCHEDULE 9.29.1, such default or other event or condition continues for twenty (20) Business Days beyond such grace or cure period) the effect of which is to cause or to permit any holder of that Funded Debt to cause, whether or not it elects to cause, any of that Funded Debt to become due before its stated maturity or regularly scheduled payment dates, or (b) any of that Debt is declared to be due and payable or required to be prepaid by any Company before its stated maturity (and solely with respect to the Debt set forth in ITEM 8 ITEMS 2 and 4 of SCHEDULE 9.29.1, such prepayment is not made by the Borrower within twenty (20) 51 59 Business Days after such guaranty is called). Notwithstanding the foregoing sentence, it shall not be a Default if (y) either (i) the validity or amount of such accelerated Debt is being contested in good faith by lawful proceedings diligently conducted, or (ii) a nonappealable judgment has been entered against any Company with respect to such Debt, and such judgment is satisfied within ninety (90) days after it is entered, and (z) a reserve or other provision required by GAAP has been made.

Other Funded Debt. In respect of any Debt (other than the ObligationObligation and the Debt evidenced by the Subordinated Notes) individually or collectively of at least $3,000,000 10,000,000 (a) any default or other event or condition occurs or exists (other than a mandatory prepayment as a result of disposition of assets if permitted by the Loan Documents) beyond the applicable grace or cure period (and solely with respect to the Debt set forth in ITEM 8 ITEMS 2 and 4 of SCHEDULE 9.2, such default or other event or condition continues for twenty (20) Business Days beyond such grace or cure period) the effect of which is to cause or to permit any holder of that Funded Debt to cause, whether or not it elects to cause, any of that Funded Debt to become due before its stated maturity or regularly scheduled payment dates, or (b) any of that Debt is declared to be due and payable or required to be prepaid by any Company before its stated maturity (and solely with respect to the Debt set forth in ITEM 8 ITEMS 2 and 4 of SCHEDULE 9.2, such prepayment is not made by Borrower within twenty (20) Business Days after such guaranty is called). Notwithstanding the foregoing sentence, it shall not be a Default if (y) either (i) the validity or amount of such accelerated Debt is being contested in good faith by lawful proceedings diligently conducted, or (ii) a nonappealable judgment has been entered against any Company with respect to such Debt, and such judgment is satisfied within ninety (90) days after it is entered, and (z) a reserve or other provision required by GAAP has been made.

Other Funded Debt. In respect of any Debt (other than the ObligationObligation and the Debt evidenced by the Subordinated Notes) individually or collectively of at least $3,000,000 (a) any default or other event or condition occurs or exists (other than a mandatory prepayment as a result of disposition of assets if permitted by the Loan Documents) beyond the applicable grace or cure period (and solely with respect to the Debt set forth in ITEM 8 7 of SCHEDULE 9.2, such default or other event or condition continues for twenty Business Days beyond such grace or cure period) the effect of which is to cause or to permit any holder of that Funded Debt to cause, whether or not it elects to cause, any of that Funded Debt to 44 CREDIT AGREEMENT 50 become due before its stated maturity or regularly scheduled payment dates, or (b) any of that Debt is declared to be due and payable or required to be prepaid by any Company before its stated maturity (and solely with respect to the Debt set forth in ITEM 8 7 of SCHEDULE 9.2, such prepayment is not made by Borrower within twenty Business Days after such guaranty is called). Notwithstanding the foregoing sentence, it shall not be a Default if (y) either (i) the validity or amount of such accelerated Debt is being contested in good faith by lawful proceedings diligently conducted, or (ii) a nonappealable judgment has been entered against any Company with respect to such Debt, and such judgment is satisfied within ninety days after it is entered, and (z) a reserve or other provision required by GAAP has been made.

Other Funded Debt. In respect of any Debt (other than the ObligationObligation and the Debt evidenced by the Subordinated Notes) individually or collectively of at least $3,000,000 (a) any default or other event or condition occurs or exists (other than a mandatory prepayment as a result of disposition of assets if permitted by the Loan Documents) beyond the applicable grace or cure period (and solely with respect to the Debt set forth in ITEM 8 7 of SCHEDULE 9.2, such default or other event or condition continues for twenty Business Days beyond such grace or cure period) the effect of which is to cause or to permit any holder of that Funded Debt to cause, whether or not it elects to cause, any of that Funded Debt to become due before its stated maturity or regularly scheduled payment dates, or (b) any of that Debt is declared to be due and payable or required to be prepaid by any Company before its stated maturity (and solely with respect to the Debt set forth in ITEM 8 7 of SCHEDULE 9.2, such prepayment is not made by Borrower within twenty Business Days after such guaranty is called). Notwithstanding the foregoing sentence, it shall not be a Default if (y) either (i) the validity or amount of such accelerated Debt is being contested in good faith by lawful proceedings diligently conducted, or (ii) a nonappealable judgment has been entered against any Company with respect to such Debt, and such judgment is satisfied within ninety days after it is entered, and (z) a reserve or other provision required by GAAP has been made.