Common use of Default as to Other Indebtedness Clause in Contracts

Default as to Other Indebtedness. Any Credit Party or any Subsidiary of a Credit Party shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any Indebtedness if the aggregate amount of such Indebtedness is in excess of $6,000,000 in the aggregate and such failure shall continue after the applicable grace period, if any, specified in the agreement or instrument relating to such Indebtedness; or any other breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement or indenture pertaining to any such Indebtedness, if the effect thereof (with or without the giving of notice or lapse of time or both) is to permit or require an acceleration, mandatory redemption or other required repurchase of such Indebtedness or, as to such Indebtedness, permit the holder or holders of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any Indebtedness if the aggregate amount of such Indebtedness is $6,000,000 shall be declared due and payable (by acceleration or otherwise) by a Person (other than a Credit Party or any Subsidiary of a Credit Party) as a result of a breach, Default or Event of Default by a Credit Party or any Subsidiary of a Credit Party, or required to be prepaid, redeemed or otherwise repurchased by any Credit Party or any Subsidiary of a Credit Party (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof; or the holder or holders of any Lien, securing obligations of $6,000,000 or more, shall commence foreclosure of such Lien upon property of any Credit Party or any Subsidiary of a Credit Party.

Default as to Other Indebtedness. Any Credit Party The Company or any Subsidiary of a Credit Party its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any Indebtedness if the aggregate amount (other than Indebtedness hereunder), beyond any period of grace provided with respect thereto, which individually or together with other such Indebtedness is as to which any such failure or other Events of Default under this subsection (e) exists has an aggregate outstanding principal amount equal to or in excess of Fifty Million and 00/100 Dollars ($6,000,000 in the aggregate and 50,000,000) (such failure shall continue after the applicable grace period, if any, specified in the agreement or instrument relating to such Indebtedness being “Material Indebtedness”); or any other breach, default or event of default (including any termination event, amortization event, liquidation event or event of like import arising under any agreement or instrument giving rise to any Off-Balance Sheet Liabilities) shall occur, or any other condition shall exist under any instrument, agreement or indenture pertaining to any such Material Indebtedness, beyond any period of grace, if any, provided with respect thereto, if the effect thereof (with or without the giving of notice or lapse of time or both) is to permit or require cause an acceleration, mandatory redemption redemption, a requirement that the Company offer to redeem or purchase such Indebtedness or other required repurchase or early amortization of such Indebtedness or, as to such Indebtedness, or permit the holder or holders holder(s) of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption redemption, purchase, early amortization or other repurchase of such Indebtedness; or any Indebtedness if the aggregate amount of such Indebtedness is $6,000,000 shall be otherwise declared to be due and payable (by acceleration or otherwise) by a Person (other than a Credit Party or any Subsidiary of a Credit Party) as a result of a breach, Default or Event of Default by a Credit Party or any Subsidiary of a Credit Party, or required to be prepaid, redeemed redeemed, amortized or otherwise repurchased by any Credit Party the Company or any Subsidiary of a Credit Party its Subsidiaries (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof; or the holder or holders of any Lien, securing obligations of $6,000,000 or more, shall commence foreclosure of such Lien upon property of any Credit Party or any Subsidiary of a Credit Party.

Default as to Other Indebtedness. Any Credit Party or any Subsidiary of a Credit Party shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any Indebtedness if the aggregate amount of such Indebtedness is in excess of $6,000,000 10,000,000 in the aggregate and such failure shall continue after the applicable grace period, if any, specified in the agreement or instrument relating to such Indebtedness; or any other breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement or indenture pertaining to any such Indebtedness, if the effect thereof (with or without the giving of notice or lapse of time or both) is to permit or require an acceleration, mandatory redemption or other required repurchase of such Indebtedness or, as to such Indebtedness, permit the holder or holders of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any Indebtedness if the aggregate amount of such Indebtedness is in excess of $6,000,000 10,000,000 shall be declared due and payable (by acceleration or otherwise) by a Person (other than a Credit Party or any Subsidiary of a Credit Party) as a result of a breach, Default or Event of Default by a Credit Party or any Subsidiary of a Credit Party, or required to be prepaid, redeemed or otherwise repurchased by any Credit Party or any Subsidiary of a Credit Party (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof; or the holder or holders of any Lien, securing obligations of $6,000,000 10,000,000 or more, shall commence foreclosure of such Lien upon property of any Credit Party or any Subsidiary of a Credit Party.

Default as to Other Indebtedness. Any Credit Party The Company or any Subsidiary of a Credit Party its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any Indebtedness if the aggregate amount (other than Indebtedness hereunder), beyond any period of grace provided with respect thereto, which individually or together with other such Indebtedness is as to which any such failure or other Default under this clause (E) exists has an aggregate outstanding principal amount equal to or in excess of Ten Million and 00/100 Dollars ($6,000,000 in the aggregate and 10,000,000) (such failure shall continue after the applicable grace period, if any, specified in the agreement or instrument relating to such Indebtedness being “Material Indebtedness”); or any other breach, default or event of default (including any termination event, amortization event, liquidation event or event of like import arising under any agreement or instrument giving rise to any Off-Balance Sheet Liabilities) shall occur, or any other condition shall exist under any instrument, agreement or indenture pertaining to any such Material Indebtedness, beyond any period of grace, if any, provided with respect thereto, if the effect thereof (with or without the giving of notice or lapse of time or both) is to permit or require cause an acceleration, mandatory redemption redemption, a requirement that the Company offer to purchase such Indebtedness or other required repurchase or early amortization of such Indebtedness or, as to such Indebtedness, or permit the holder or holders holder(s) of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption redemption, early amortization or other repurchase of such Indebtedness; or any Indebtedness if the aggregate amount of such Indebtedness is $6,000,000 shall be otherwise declared to be due and payable (by acceleration or otherwise) by a Person (other than a Credit Party or any Subsidiary of a Credit Party) as a result of a breach, Default or Event of Default by a Credit Party or any Subsidiary of a Credit Party, or required to be prepaid, redeemed redeemed, amortized or otherwise repurchased by any Credit Party the Company or any Subsidiary of a Credit Party its Subsidiaries (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof; or the holder or holders of any Lien, securing obligations of $6,000,000 or more, shall commence foreclosure of such Lien upon property of any Credit Party or any Subsidiary of a Credit Party.

Default as to Other Indebtedness. Any Credit Party or any Subsidiary of a Credit Party shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any Indebtedness if the aggregate amount of such Indebtedness is in excess of $6,000,000 5,000,000 in the aggregate and such failure shall continue after the applicable grace period, if any, specified in the agreement or instrument relating to such Indebtedness; or any other breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement or indenture pertaining to any such Indebtedness, if the effect thereof (with or without the giving of notice or lapse of time or both) is to permit or require an acceleration, mandatory redemption or other required repurchase of such Indebtedness or, as to such Indebtedness, permit the holder or holders of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any Indebtedness if the aggregate amount of such Indebtedness is $6,000,000 5,000,000 shall be declared due and payable (by acceleration or otherwise) by a Person (other than a Credit Party or any Subsidiary of a Credit Party) as a result of a breach, Default or Event of Default by a Credit Party or any Subsidiary of a Credit Party, or required to be prepaid, redeemed or otherwise repurchased by any Credit Party or any Subsidiary of a Credit Party (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof; or the holder or holders of any Lien, securing obligations of $6,000,000 5,000,000 or more, shall commence foreclosure of such Lien upon property of any Credit Party or any Subsidiary of a Credit Party.

Default as to Other Indebtedness. (A) Any Credit Party or any Subsidiary of a Credit Party Guarantor (other than the Parent) shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any Indebtedness of such Person if the aggregate amount of such Indebtedness is not less than $25,000,000 and such failure shall continue after giving effect to any applicable grace period specified in the agreement or instrument relating to such Indebtedness; or if any other breach, default or event of default shall occur, or any other similar condition (however described) shall exist under any instrument, agreement or indenture pertaining to any such Indebtedness which has resulted in such Indebtedness (a) becoming due and payable under such agreements or instruments before it would otherwise have been due and payable, or (b) becoming subject to mandatory prepayment or redemption or other required repurchase of such Indebtedness before it would otherwise have been required to be prepaid, redeemed or repurchased; or (B) the holder or holders of any Lien securing obligations of $25,000,000 or more, shall commence foreclosure of such Lien upon property of any Guarantor (other than Parent). (ii) Any Obligor or Relevant Subsidiary shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any inter-company Indebtedness of any Obligor or any of its Affiliates including without limitation items 1-10 from Schedule 1.01(C) of Existing Debt, without regard to amount, or any Indebtedness of any Obligor or any Relevant Subsidiary if the aggregate amount of such Indebtedness is in excess of $6,000,000 Cdn.$1,000,000 in the aggregate aggregate, and in each case such failure shall continue after the expiration of the applicable grace period, if any, specified in the agreement or instrument relating to such Indebtedness; or any other breach, default or event of default shall occur, or any other similar condition shall exist under any instrument, agreement or indenture pertaining to any such Indebtedness, if the effect thereof (with or without the giving of notice or lapse of time or both) is to permit or require an acceleration, mandatory prepayment or redemption or other required repurchase of such Indebtedness or, as to such Indebtedness, permit the holder or holders of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any Indebtedness if the in an aggregate amount of such Indebtedness is $6,000,000 Cdn.$1,000,000 or more shall be declared due and payable (by acceleration or otherwise) by a Person (other than a Credit Party or any Subsidiary of a Credit Party) as a result of a breach, Default default or Event event of Default default by a Credit Party any Obligor or any Subsidiary of a Credit PartyRelevant Subsidiary, or required to be prepaid, redeemed or otherwise repurchased by any Credit Party Obligor or any Relevant Subsidiary of a Credit Party (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof; or the holder or holders of any Lien, securing obligations of $6,000,000 Cdn.$1,000,000 or more, shall commence foreclosure of such Lien upon property of any Credit Party Obligor or any Subsidiary of a Credit PartyRelevant Subsidiary.