Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a principal amount of $750,000 or more (individually or in the aggregate), or (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Syntax-Brillian Corp)
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (in case of the Credit Parties, other than Indebtedness referred to in Section 8.1(a)) and other Indebtedness of Subsidiaries which are not Credit Parties, in a an individual principal amount of $750,000 5,000,000 or more (individually or with an aggregate principal amount of $10,000,000 or more, in each case beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Party or any of their respective its Subsidiaries with respect to any other material term of (1) one or more items of such Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that such Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Sources: Senior Secured Revolving Credit and Guaranty Agreement (Dura Automotive Systems Inc)
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their its respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a8.01(a)) in a an aggregate principal amount of $750,000 1,000,000 or more (individually or more, in each case beyond the aggregate)grace period, if any, provided therefor, or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause subclause (i) above, above or (2B) any loan agreement, mortgage, indenture indenture, or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase repurchase, or defeasance of, or to cause Company Holdings or any of its Subsidiaries to make any offer to prepay, redeem, repurchase repurchase, or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; , or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective Loan Party’s Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount, put price or other accelerated amount of $750,000 [***] or more (individually or with an aggregate principal amount, put price or other accelerated amount of $[***] or more, in each case beyond the aggregate)grace period, if any, provided therefor, or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace or cure period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company the Borrower or any of its the Borrower’s Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Party by the Borrower or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount of $750,000 2,000,000 or more (individually with an aggregate principal amount of $4,000,000 or more, in each case beyond the aggregate)grace period, if any, provided therefore; or (ii) the breach or default by any Credit Party the Borrower or any of their respective its Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefore, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company the Borrower or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Sources: Credit and Guaranty Agreement (21st Century Oncology Holdings, Inc.)
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount of $750,000 1,000,000 or more (individually or with an aggregate principal amount of $2,000,0000 or more, in each case beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Sources: Financing Agreement (Global Geophysical Services Inc)
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount of $750,000 2,500,000 or more (individually with an aggregate principal amount of $2,500,000 or more, in each case beyond the aggregate)grace period, if any, provided therefore; or (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefore, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company any Borrower or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or any Event of Default under and as defined in the Subordinated Indebtedness shall occur; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount amount, including any payment in settlement, payable in respect of (1) one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a7.1(a)) in a having an outstanding principal amount of $750,000 50,000,000 or more more, (individually 2) the Magnequench Financing or (3) the Sale Leaseback, in each case beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (ii)(1) above, (2) the Magnequench Financing, (3) the Sale Leaseback or (24) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Sources: Credit Agreement (Molycorp, Inc.)
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective the other Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)clause (a) in a above) with an aggregate outstanding principal amount of $750,000 or more (individually or exceeding the Threshold Amount, in each case beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Loan Party or any of their respective the other Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in (other than the individual or Obligations) with an aggregate outstanding principal amounts referred to in clause (i) above, amount exceeding the Threshold Amount or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee or agent on behalf of such holder or holders), ) to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; orprovided, that clause (ii) of this clause (b) shall not apply to secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness if such sale or transfer is permitted hereunder; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective Borrower’s Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount of $750,000 5,000,000 or more (individually or with an aggregate principal amount of $5,000,000 or more, in each case beyond the aggregate)grace or cure period, if any, provided therefor; or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness referred to in clause (i) above, in each case beyond the grace or cure period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company Borrower or any of its Borrower’s Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount amount, including any payment in settlement, payable in respect of one or more items of Indebtedness (other than (i) Indebtedness referred to in Section 8.1(a)) in a and (ii) the Aircraft Indebtedness) with an aggregate principal amount (or Net Mark-to-Market Exposure) of $750,000 10,000,000 or more (individually or more, in each case beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts amount (or Net Mark-to-Market Exposure) referred to in clause (i) above, above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; provided that this clause (b) shall not apply to Indebtedness that has become due solely as a result of any casualty or condemnation events, in each case occurring with respect to the property which is collateral for such Indebtedness; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective Loan Party’s Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount of $750,000 [***] or more (individually or with an aggregate principal amount of [***] or more, in each case beyond the aggregate)grace period, if any, provided therefor, or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company Borrower or any of its Borrower’s Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective Company’s Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one (1) or more items of Material Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a principal amount of $750,000 or more (individually or in beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term of (A) one (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) aboveMaterial Indebtedness, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, or any change of control or other liquidity event, if the effect of such breach breach, default, change of control or default other liquidity event is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Company’s Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount amount, including any payment in settlement, payable in respect of one or more items of Indebtedness (other than Indebtedness referred to Material Indebtedness, in Section 8.1(a)) in a principal amount of $750,000 or more (individually or in each case beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Party or any of their respective its Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) aboveMaterial Indebtedness, or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Material Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Material Indebtedness (or a trustee on behalf of such holder or holders), with or without the passage of time, to cause, that Material Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemableother redemption) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be, (iii) the occurrence of any fundamental change or make-whole fundamental change under the Existing Convertible Notes or the 2029 Convertible Notes or (iv) the occurrence of any Special Termination Event under the Healthcare Royalty Partners Facility; or
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Karyopharm Therapeutics Inc.)
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)subsection 8.1) in a or Contingent Obligations having an aggregate principal amount (including undrawn committed or available amounts and including amounts owing to all creditors under any combined or syndicated credit agreement) of more than $750,000 or more (individually or 500,000, in each case beyond the aggregate), or end of any grace period provided therefor; or
(ii) breach or default by any Credit Loan Party or any of their respective its Subsidiaries with respect to any other material term of (1a) one or more items of Indebtedness or Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above, above or (2b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Contingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Contingent Obligation(s) (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness or Contingent Obligation(s) to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may bebe (upon the giving or receiving of notice, lapse of time, both, or otherwise); or
(iii) default by any Loan Party or any of its Subsidiaries of any Secured Hedge Agreement; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount amount, including any payment in settlement, payable in respect of one or more items of Indebtedness (other than (i) Indebtedness referred to in Section 8.1(a)) in a and (ii) the Aircraft Indebtedness) with an aggregate principal amount (or Net ▇▇▇▇-to-Market Exposure) of $750,000 7,500,000 or more (individually or more, in each case beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts amount (or Net ▇▇▇▇-to-Market Exposure) referred to in clause (i) above, above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; provided that this clause (b) shall not apply to Indebtedness that has become due solely as a result of any casualty or condemnation events, in each case occurring with respect to the property which is collateral for such Indebtedness; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (and such failure shall continue after the applicable grace period, if any, specified in the agreement or instrument related to such Indebtedness) (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount of $750,000 5,000,000 or more (individually or in the aggregate), with an aggregate principal amount of $25,000,000 or more; or (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company any Borrower or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or (iii) any Event of Default under and as defined in the First Lien Credit Documents shall occur; or (iv) any Event of Default under and as defined in the Third Lien Documents (other than the Registration Rights Agreement) shall occur; or
Appears in 1 contract
Sources: Second Lien Credit and Guaranty Agreement (Vonage Holdings Corp)
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a if the aggregate principal amount of such Indebtedness, together with any other Indebtedness in default, is $750,000 2,000,000 or more (individually or in the aggregate), or more; (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2) any loan agreement, mortgage, indenture or other agreement or instrument relating to such item(s) of Indebtedness if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or (iii) default in the performance of or compliance with any other term contained in any loan agreement, mortgage, indenture, other agreement or instrument and such default shall not have been remedied or waived within fifteen (15) days and could reasonably be expected to have a Material Adverse Effect; or
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Granite Broadcasting Corp)
Default in Other Agreements. (i) Failure of any Credit Party Holdings, or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)subsection 8.1) or Contingent Obligations in a an individual principal amount of $750,000 500,000 or more (individually or with an aggregate principal amount of $1,000,000 or more, in each case beyond the aggregate), or end of any grace period provided therefor; or
(ii) breach or default by any Credit Party Holdings, or any of their respective its Subsidiaries with respect to any other material term term, in each case beyond the end of any grace period provided therefor, of (1a) one or more items of Indebtedness or Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above, above or (2b) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness or Contingent Obligation(s), if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness or Contingent Obligation(s) (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness or 100 Contingent Obligation(s) to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Sources: Credit Agreement (PRA International)
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a principal amount of $750,000 1,000,000 or more (individually or in more, beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause subclause (i) above, or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company Holdings or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or any event of default shall occur under the Term Loan Agreement; or
Appears in 1 contract
Sources: Credit Agreement (Handleman Co /Mi/)
Default in Other Agreements. (i) Failure of any Credit Note Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a7.1(a)) in a principal an amount of $750,000 or more (individually or in the aggregate)aggregate of $125,000 or more, in each case beyond the grace period, if any, provided therefore; (ii) any “Event of Default”, “Termination Event”, or “Additional Termination Event” occurs (iias each such term is defined in any Swap Intercreditor Agreement) or (iii) breach or default by any Credit Note Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries Note Party to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Sources: Note Purchase Agreement (Osage Exploration & Development Inc)
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their its respective Subsidiaries (excluding the Excluded Entities) to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a8.01(a)) in a an aggregate principal amount of $750,000 3,000,000 or more (individually or more, in each case beyond the aggregate)grace period, if any, provided therefor, or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause subclause (i) above, above or (2B) any loan agreement, mortgage, indenture indenture, or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase repurchase, or defeasance of, or to cause Company Global Parent or any of its Subsidiaries (excluding the Excluded Entities) to make any offer to prepay, redeem, repurchase repurchase, or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; , or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective Loan Party’s Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount of $750,000 or more (individually or with an aggregate principal amount of or more, in each case beyond the aggregate)grace period, if any, provided therefor, or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace or cure period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause the Company or any of its the Company’s Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Sources: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Restricted Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a principal amount of $750,000 10,000,000 or more (individually or in beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or (iii) breach or default by Company under the ▇. ▇▇▇▇ Swap or any other material Swap Agreement, if the effect of such breach or default is to permit the holder or holders of that Indebtedness to terminate the ▇. ▇▇▇▇ Swap or any other material Swap Agreement, and all or substantially all of the outstanding transactions thereunder; or
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries (other than Immaterial Entities or Non-Recourse Subsidiaries (except to the extent that any Credit Party is then directly or indirectly liable, including pursuant to any contingent obligation for any Indebtedness of such Immaterial Entities or Non-Recourse Subsidiaries, and such liability, individually or in the aggregate, exceeds $75,000,000)) to pay when due any principal of or interest on or any other amount amount, including any payment in settlement, payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a with an aggregate principal amount (or Net ▇▇▇▇-to-Market Exposure) of $750,000 75,000,000 or more (individually or more, in each case beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts (or Net ▇▇▇▇-to-Market Exposure) referred to in clause (i) above, above or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Terraform Global, Inc.)
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective Loan Party’s Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount, put price or other accelerated amount of $750,000 [***] or more (individually or with an aggregate principal amount, put price or other accelerated amount of $[***] or more, in each case beyond the aggregate)grace period, if any, provided therefor, or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term | of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace or cure period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company the Borrower or any of its the Borrower’s Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Note Party or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one any Material Debt of a Note Party or more items any of Indebtedness (other than Indebtedness referred to its Subsidiaries, in Section 8.1(a)) in a principal amount of $750,000 or more (individually or in each case beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Note Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) abovesuch Material Debt, or (2B) any loan agreementagreement governing such Material Debt, mortgagein each case beyond the grace period, indenture if any, provided therefor, or any change of control or other agreement relating to such item(s) of Indebtedness liquidity event, if the effect of such breach breach, default, change of control or default other liquidity event is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Sources: Senior Secured Note Purchase Agreement (Golden Arrow Merger Corp.)
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due (after giving effect to any applicable cure period) any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount of $750,000 500,000 or more (individually or in the aggregate), with an aggregate principal amount of $1,000,000 or more; or (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term (after giving effect to any applicable cure period) of (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries or Holdings to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or any Event of Default under and as defined in the Related Agreements and the documentation relating to the Countryside Debt shall occur; or
Appears in 1 contract
Sources: Credit and Guaranty Agreement (U S Energy Systems Inc)
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective Borrower's Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount of $750,000 5,000,000 or more (individually or with an aggregate principal amount of $5,000,000 or more, in each case beyond the aggregate)grace or cure period, if any, provided therefor; or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness referred to in clause (i) above, in each case beyond the grace or cure period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company Borrower or any of its Borrower's Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective its Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(aSection 8.01(a)) in a an aggregate principal amount of $750,000 3,000,000 or more (individually or more, in each case beyond the aggregate)grace period, if any, provided therefor, or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause subclause (i) above, above or (2B) any loan agreement, mortgage, indenture indenture, or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), ) to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase repurchase, or defeasance of, or to cause Company any Loan Party or any of its Subsidiaries to make any offer to prepay, redeem, repurchase repurchase, or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; , or
Appears in 1 contract
Default in Other Agreements. (i) Failure of any Credit Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (and such failure shall continue after the applicable grace period, if any, specified in the agreement or instrument related to such Indebtedness) (other than Indebtedness referred to in Section 8.1(a)) in a an individual principal amount of $750,000 5,000,000 or more (individually or in the aggregate), with an aggregate principal amount of $25,000,000 or more; or (ii) breach or default by any Credit Party or any of their respective Subsidiaries with respect to any other material term of (1) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause (i) above, or (2) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company any Borrower or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or (iii) any Event of Default under and as defined in the Second Lien Credit Documents shall occur; or (iv) any Event of Default under and as defined in the Third Lien Documents (other than the Registration Rights Agreement) shall occur; or
Appears in 1 contract
Sources: First Lien Credit and Guaranty Agreement (Vonage Holdings Corp)
Default in Other Agreements. (i) Failure of any Credit Loan Party or any of their respective Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in Section 8.1(a)) in a an individual or aggregate principal amount of $750,000 500,000 or more (individually or more, in each case beyond the aggregate)grace period, if any, provided therefor; or (ii) breach or default by any Credit Loan Party or any of their respective Subsidiaries with respect to any other material term of (1A) one or more items of Indebtedness in the individual or aggregate principal amounts referred to in clause subclause (i) above, or (2B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness Indebtedness, in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of that Indebtedness (or a trustee on behalf of such holder or holders), to cause, that Indebtedness to become or be declared due and payable (or subject to a compulsory repurchase or redeemable) or to require the prepayment, redemption, repurchase or defeasance of, or to cause Company or any of its Subsidiaries to make any offer to prepay, redeem, repurchase or defease such Indebtedness, prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; or
Appears in 1 contract
Sources: Financing Agreement (EVO Transportation & Energy Services, Inc.)