Common use of Other Indebtedness and Agreements Clause in Contracts

Other Indebtedness and Agreements. Failure by any Borrower to pay, when due (or, if permitted by the terms of any applicable documentation, within any applicable grace period) any Debt (including trade or other accounts payable) owing by any Borrower to any Lender or any other Person under an agreement with outstanding obligations exceeding $5,000,000 (the "Material Debt Agreements") (other than the Indebtedness incurred pursuant to this Agreement) whether such Debt shall become due by scheduled maturity, by required prepayment, by acceleration, by demand, or otherwise, or failure by any Borrower to perform any term, covenant, or agreement on its part to be performed under any agreement or instrument (other than a Transaction Document) evidencing or securing or relating to any Material Debt Agreement when required to be performed if the effect of such failure is to permit the holder to accelerate the maturity of such Debt (including trade or other accounts payable); provided that it shall not be a default under this Agreement if such Borrower has not paid any amount due to anyone other than Lenders which it is currently contesting in good faith and for which adequate reserves have been set aside in the event such contest is unsuccessful.

Other Indebtedness and Agreements. Failure by any Borrower to pay, when due (or, if permitted by the terms of any applicable documentation, within any applicable grace period) any Debt (including trade or other accounts payable) owing by any Borrower to any Lender Lenders or any other Person under an agreement with outstanding obligations exceeding $5,000,000 1,000,000 (the "Material Debt Agreements") (other than the Indebtedness incurred pursuant to this Agreement) whether such Debt shall become due by scheduled maturity, by required prepayment, by acceleration, by demand, or otherwise, or failure by any Borrower to perform any term, covenant, or agreement on its part to be performed under any agreement or instrument (other than a Transaction Document) evidencing or securing or relating to any Material Debt Agreement when required to be performed if the effect of such failure is to permit the holder to accelerate the maturity of such Debt (including trade or other accounts payable); provided that it shall not be a default under this Agreement if such Borrower has not paid any amount due to anyone other than Lenders which it is currently contesting in good faith and for which adequate reserves have been set aside in the event such contest is unsuccessful.

Other Indebtedness and Agreements. Failure by any Borrower to pay, when due (or, if permitted by the terms of any applicable documentation, within any applicable grace period) any Debt (including trade or other accounts payable) indebtedness owing by any Borrower to any Lender Lenders or any other Person under an agreement with outstanding obligations exceeding $5,000,000 (the "Material Debt Agreements") person or entity (other than the Indebtedness incurred pursuant to this Agreement, and including, without limitation, indebtedness evidencing a deferred purchase price) whether such Debt indebtedness shall become due by scheduled maturity, by required prepayment, by acceleration, by demand, or otherwise, or failure by any the Borrower to perform any term, covenant, or agreement on its part to be performed under any agreement or instrument (other than a Transaction Document) evidencing or securing or relating to any Material Debt Agreement indebtedness owing by Borrower when required to be performed if the effect of such failure is to permit the holder to accelerate the maturity of such Debt (including trade or other accounts payable)indebtedness; provided that it shall not be a default under this Agreement if such Borrower has not paid any amount due to anyone other than Lenders which it is currently contesting in good faith and for which adequate reserves have been set aside in the event such contest is unsuccessful.

Other Indebtedness and Agreements. Failure by any Borrower to pay, when due (or, if permitted by the terms of any applicable documentation, within any applicable grace period) any Consolidated Debt (including trade or other accounts payable) owing by any Borrower to any Lender or any other Person under an agreement with outstanding obligations exceeding $5,000,000 3,000,000 (the "Material Debt Agreements") (other than the Indebtedness incurred pursuant to this Agreement) whether such Consolidated Debt shall become due by scheduled maturity, by required prepayment, by acceleration, by demand, or otherwise, or failure by any Borrower to perform any term, covenant, or agreement on its part to be performed under any agreement or instrument (other than a Transaction Document) evidencing or securing or relating to any Material Debt Agreement when required to be performed if the effect of such failure is to permit the holder to accelerate the maturity of such Consolidated Debt (including trade or other accounts payable); provided that it shall not be a default under this Agreement if such Borrower has not paid any amount due to anyone other than Lenders which it is currently contesting in good faith and for which adequate reserves have been set aside in the event such contest is unsuccessful.

Other Indebtedness and Agreements. Failure by any Borrower to pay, when due (or, if permitted by the terms of any applicable documentation, within any applicable grace period) any Debt (including trade or other accounts payable) owing by any Borrower to any Lender or any other Person under an agreement with outstanding obligations exceeding $5,000,000 (the "“Material Debt Agreements"”) (other than the Indebtedness incurred pursuant to this Agreement) whether such Debt shall become due by scheduled maturity, by required prepayment, by acceleration, by demand, or otherwise, or failure by any Borrower to perform any term, covenant, or agreement on its part to be performed under any agreement or instrument (other than a Transaction Document) evidencing or securing or relating to any Material Debt Agreement when required to be performed if the effect of such failure is to permit the holder to accelerate the maturity of such Debt (including trade or other accounts payable); provided that it shall not be a default under this Agreement if such Borrower has not paid any amount due to anyone other than Lenders which it is currently contesting in good faith and for which adequate reserves have been set aside in the event such contest is unsuccessful.

Other Indebtedness and Agreements. Failure by any Borrower Obligor to pay, when due (or, if permitted by the terms of any applicable documentation, within any applicable grace period) any Debt (including trade or other accounts payable) indebtedness in a principal amount in excess of $50,000 owing by any Borrower Obligor to any Lender or any other Person under an agreement with outstanding obligations exceeding $5,000,000 (the "Material Debt Agreements") or entity (other than the Indebtedness incurred pursuant to or expressly permitted by this AgreementAgreement)("Outside Indebtedness") whether such Debt indebtedness shall become due by scheduled maturity, by required prepayment, by acceleration, by demand, or otherwise, or failure by any Borrower Obligor to perform any term, covenant, or agreement on its part to be performed under any agreement or instrument (other than a Transaction Loan Document) evidencing or securing or relating to any Material Debt Agreement Outside Indebtedness owing by Borrower when required to be performed if the effect of such failure is to permit the holder to accelerate the maturity of such Debt (including trade or other accounts payable)indebtedness; provided that it shall not be a default under this Agreement if such Borrower any Obligor has not paid any amount due to anyone other than Lenders Lender which it is currently contesting in good faith and for which adequate reserves have been set aside in the event such contest is unsuccessful.