Common use of Default in Other Agreements Clause in Contracts

Default in Other Agreements. (i) Failure by Parent or any Subsidiary, after giving effect to any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amount) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination date, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but after the lapse of any applicable grace periods), to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination date; provided that this clause (b) shall not apply to any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.2;

Default in Other Agreements. (i) Failure by Parent the Borrower or any Restricted Subsidiary, after giving effect to the expiration of any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amountotherwise) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but only after the lapse expiration of any applicable grace periods)period, to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that notwithstanding the foregoing, this clause (b) shall not apply to any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.26;

Default in Other Agreements. (i) Failure by Parent Holdings or any SubsidiarySubsidiary shall fail, after giving effect to any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amount) in respect of any Material Indebtedness, or (ii) any event or condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, due prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but after the lapse of any applicable grace periods), to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that this clause (b) shall not apply to any (A) secured Indebtedness becoming that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to (B) any Indebtedness becoming that becomes due as a result of a voluntary refinancing thereof permitted under Section 6.26.1;

Default in Other Agreements. (a) Failure of Parent, Company 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 7.1) or Contingent Obligations in an individual principal amount of $5,000,000 or more, in each case beyond the end of any grace period provided therefor; or (b) breach or default by Parent, Company or any of their respective Subsidiaries with respect to any other material term of (i) Failure by Parent one or any Subsidiary, after giving effect more items of Indebtedness or Contingent Obligations in the individual or aggregate principal amounts referred to any applicable grace period, to make any payment that shall have become due and payable in clause (whether of principal, interest or otherwise and regardless of amounta) in respect of any Material Indebtedness, above or (ii) any condition loan agreement, mortgage, indenture or event shall occur that results in any Material other agreement relating to such item(s) of Indebtedness becoming dueor Contingent Obligation(s), if the effect of such breach or default is to cause, or being required 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 prepaid, repurchased, redeemed or defeased, declared due and payable prior to its stated maturity oror the stated maturity of any underlying obligation, in as the case of any Hedge Agreement, being terminated prior to its stated termination date, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, may be (with or without the giving or receiving of notice (of such declaration, if required, but after the lapse expiration of any all grace periods applicable grace periodsthereto), to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity ; or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination date; provided that this clause (b) shall not apply to any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.2;

Default in Other Agreements. (i) Failure by Parent the Borrower or any Restricted Subsidiary, after giving effect to the expiration of any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amountotherwise) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but only after the lapse expiration of any applicable grace periods)period, to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that this clause (b) shall not apply to (A) any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to Indebtedness; (B) any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.26.1; or (C) any Indebtedness becoming due as a result of a voluntary (or, to the extent permitted by Section 2.14(c) or, in the case of Permitted Pari Passu Secured Indebtedness, Sections 2.13(a), 2.13(b) and 2.13(e), mandatory) prepayment, repurchase, redemption or defeasance thereof permitted hereunder;

Default in Other Agreements. (i) Failure by Parent the Borrower or any Restricted Subsidiary, after giving effect to the expiration of any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amountotherwise) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the DMFIRM #406105327 v2 184 applicable counterparty, with or without the giving of notice (but only after the lapse expiration of any applicable grace periods)period, to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that notwithstanding the foregoing, this clause (b) shall not apply to any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.26;

Default in Other Agreements. (i) Failure by Parent the Borrower or any Restricted Subsidiary, after giving effect to the expiration of any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amountotherwise) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but only after the lapse expiration of any applicable grace periods)period, to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that this clause (b) shall not apply to (A) any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to Indebtedness; (B) any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.26.1; (C) any Indebtedness becoming due as a result of a voluntary prepayment, repurchase, redemption or defeasance thereof permitted hereunder or (D) any Indebtedness outstanding hereunder and any Indebtedness of any Debtor that was incurred prior to the Petition Date;

Default in Other Agreements. (i) Failure by Parent the Borrower or any Restricted Subsidiary, after giving effect to the expiration of any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amountotherwise) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but only after the lapse expiration of any applicable grace periods)period, to cause such ​ ​ Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that notwithstanding the foregoing, this clause (b) shall not apply to any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.26;

Default in Other Agreements. (i) Failure by Parent the Borrower or any Subsidiary, after giving effect to the expiration of any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amountotherwise) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but only after the lapse expiration of any applicable grace periods)period, to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that notwithstanding the foregoing, this clause (b) shall not apply to any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.26 or to any Prepetition Indebtedness that is stayed;

Default in Other Agreements. (i) Failure by Parent the Borrower or any Restricted Subsidiary, after giving effect to the expiration of any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amountotherwise) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but only after the lapse expiration of any applicable grace periods)period, to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that notwithstanding the foregoing, this clause (b) shall not apply to any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.2;6; (c)

Default in Other Agreements. (i) Failure by Parent the Borrower or any Restricted Subsidiary, after giving effect to the expiration of any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amountotherwise) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but only after the lapse expiration of any applicable grace periods)period, to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that notwithstanding the foregoing, this clause (b) shall not apply to (i) any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to to, (ii) any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.26 or (iii) any Indebtedness becoming due or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity, in each case, as a result of a Special Mandatory Redemption/Prepayment;

Default in Other Agreements. (i) Failure by Parent of Holdings, Company or any Subsidiaryof 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 subsection 8.1) or Contingent Obligations in an individual principal amount of $7,500,000 or more or with an aggregate principal amount of $7,500,000 or more, after giving effect in each case beyond the end of any grace period provided therefor; or (ii) breach or default by Holdings, Company or any of its Subsidiaries with respect to any applicable grace periodother material term of (a) one or more items of Indebtedness or Contingent Obligations in the individual or aggregate principal amounts referred to in clause (i) above or (b) any loan agreement, mortgage, indenture or other agreement relating to make any payment 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 shall have 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 (whether of principal, interest or otherwise and regardless of amount) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity oror the stated maturity of any underlying obligation, in as the case may be (upon the giving or receiving of any Hedge Agreementnotice, being terminated prior to its stated termination datelapse of time, both, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but after the lapse of any applicable grace periodsotherwise), to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination date; provided that this clause (bsubsection 8.2(ii) shall not apply to any secured Indebtedness becoming 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 and under the documents providing for such Indebtedness or to any and such Indebtedness becoming due as a result is paid in full upon the consummation of a voluntary refinancing thereof permitted under Section 6.2;such sale; or

Default in Other Agreements. (i) Failure by Parent the Borrower or any Subsidiary, after giving effect to the expiration of any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amountotherwise) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but only after the lapse expiration of any applicable grace periods)period, to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that notwithstanding the foregoing, this clause (b) shall not apply to any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.2;6 or to any Prepetition Indebtedness that is stayed; 148

Default in Other Agreements. (i) Failure by Parent the Borrower or any Subsidiary, after giving effect to the expiration of any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amountotherwise) in respect of any Material Indebtedness, or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but only after the lapse expiration of any applicable grace periods)period, to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that notwithstanding the foregoing, this clause (b) shall not apply to any secured Prepetition Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.2that is stayed;

Default in Other Agreements. (i) Failure by Parent the Borrower or any Restricted Subsidiary, after giving effect to the expiration of any applicable grace period, to make any payment that shall have become due and payable (whether of principal, interest or otherwise and regardless of amountotherwise) in respect of any Material Indebtedness, Indebtedness or (ii) any condition or event shall occur that results in any Material Indebtedness becoming due, or being required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity or, in the case of any Hedge Agreement, being terminated prior to its stated termination dateterminated, or that enables or permits the holder or holders of any Material Indebtedness or any trustee or agent on its or their behalf, or, in the case of any Hedge Agreement, the applicable counterparty, with or without the giving of notice (but only after the lapse expiration of any applicable grace periods)period, to cause such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated maturity or, in the case of any Hedge Agreement, to cause the termination thereof prior to its stated termination datethereof; provided that this clause (b) shall not apply to any secured Indebtedness becoming due as a result of the voluntary sale or transfer of the assets securing such Indebtedness or to any Indebtedness becoming due as a result of a voluntary refinancing thereof permitted under Section 6.26.1;