Default Under Other Agreements. (a) Holdings or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (b) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000; or
Appears in 3 contracts
Sources: Reimbursement Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp)
Default Under Other Agreements. (ai) Holdings The U.S. Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required, but after giving effect to any applicable grace periods), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the U.S. Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 9.1(d) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00075,000,000; or
Appears in 3 contracts
Sources: Credit Agreement (Owens Corning), Credit Agreement (Owens Corning), Credit Agreement (Owens Corning)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00015,000,000; or
Appears in 3 contracts
Sources: Credit Agreement (Semtech Corp), Credit Agreement (Magellan Health Services Inc), Credit Agreement (Yellow Roadway Corp)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the ObligationsNotes) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, PROVIDED that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least (x) in the case of Indebtedness of the Borrower, $7,500,0005,000,000 and (y) in the case of Indebtedness of any of its Subsidiaries, $15,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Alpine Group Inc /De/)
Default Under Other Agreements. (a) Holdings The Borrower or any of its Subsidiaries shall (i) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (b) any such Indebtedness (other than of the Obligations) of Holdings Borrower or any of its Subsidiaries shall be declared to be due and payable (or shall become) due and payable, or be required to be prepaid other than by as a regularly scheduled required prepayment, result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof; , provided that, that it shall not be a Default or constitute an Event of Default under pursuant to this Section 9.04 8.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (a) and (b) is above (without duplication) exceeds $7,500,000 in the aggregate at least $7,500,000any one time; or
Appears in 2 contracts
Sources: Credit Agreement (Fairpoint Communications Inc), Credit Agreement (Fairpoint Communications Inc)
Default Under Other Agreements. (a) Holdings or any of its Subsidiaries shall (i) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (b) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided thatprovided, that it shall not be a Default or constitute an Event of Default under pursuant to clause (a) or (b) of this Section 9.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness as described referred to in preceding clauses (a) and (b) is above, exceeds $4,000,000 at least $7,500,000any one time; or
Appears in 2 contracts
Sources: Credit Agreement (Quality Distribution Inc), Credit Agreement (Quality Distribution Inc)
Default Under Other Agreements. (ai) Holdings The Borrower or any of ------------------------------ its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of gracegrace or cure, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepaymentprepayment (including, without limitation, by reason of the occurrence of a change of control or other similar event), prior to the stated maturity thereof; , provided that, that it shall not be a Default or an -------- Event of Default under clauses (i) or (ii) of this Section 9.04 10.04 unless the aggregate outstanding principal amount of all Indebtedness as described in preceding such clauses (ai) and (bii) is at least $7,500,00015,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Extended Stay America Inc), Credit Agreement (Extended Stay America Inc)
Default Under Other Agreements. (a) Holdings or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that (A) it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,0005,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (H-R Window Supply Inc), Credit Agreement (Atrium Companies Inc)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due (and/or, in the case of an Interest Rate Protection Agreement or Other Hedging Agreement, to be terminated) prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payablepayable (and/or, in the case of an Interest Rate Protection Agreement or Other Hedging Agreement, to be terminated), or required to be prepaid (and/or terminated, as the case may be) other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00025,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Lee Enterprises Inc), Credit Agreement (Lee Enterprises, Inc)
Default Under Other Agreements. (ai) Holdings PESCO or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness Funded Debt (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness Funded Debt was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness Funded Debt (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, beyond the applicable grace period or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness Funded Debt (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness Funded Debt to become due prior to its stated maturity, or (bii) any Indebtedness Funded Debt (other than the ObligationsNotes) of Holdings PESCO or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness Funded Debt as described in preceding clauses (ai) and (bii) is at least $7,500,0005,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Pool Energy Services Co), Credit Agreement (Pool Energy Services Co)
Default Under Other Agreements. (ai) Holdings The Parent or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) the Parent or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (biii) any Indebtedness (other than the Obligations) of Holdings the Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid prepaid, redeemed, defeased or repurchased other than by a regularly scheduled required prepaymentprepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) is at least iii), inclusive, exceeds $7,500,00010,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)
Default Under Other Agreements. (a) Holdings The Borrower or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (b) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,0005,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (NightHawk Radiology Holdings Inc), Credit Agreement (NightHawk Radiology Holdings Inc)
Default Under Other Agreements. (a) Holdings Borrower or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the Obligations) of Holdings Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 8.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,00010,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Trumps Castle Funding Inc), Credit Agreement (Trump Hotels & Casino Resorts Funding Inc)
Default Under Other Agreements. (a) Holdings Any Credit Party or any of its their respective Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (b) any Indebtedness (other than the Obligations) of Holdings any Credit Party or any of its their respective Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided provided, that, it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,00035,000,000; or
Appears in 2 contracts
Sources: Abl Credit Agreement (CVR Refining, LP), Abl Credit Agreement (CVR Energy Inc)
Default Under Other Agreements. (a) Holdings Holdings, the Borrower or any ------------------------------ of its their respective Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the Obligations) of Holdings Holdings, the Borrower or any of its their respective Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that (x) it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,0002,500,000; or
Appears in 2 contracts
Sources: Credit Agreement (Coinmach Corp), Credit Agreement (Coinmach Laundry Corp)
Default Under Other Agreements. (a) Holdings The Borrower or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (b) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, PROVIDED that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,00010,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Packaging Corp of America), Credit Agreement (Pca Valdosta Corp)
Default Under Other Agreements. (a) Holdings The Company, the Delaware Sub or any of its the Company’s other Subsidiaries shall shall:
(i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or or
(ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or maturity or
(biii) any Indebtedness (other than the Obligations) of Holdings the Company, the Delaware Sub or any of its the Company’s other Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,00050,000; or
Appears in 2 contracts
Sources: Purchase Agreement (Particle Drilling Technologies Inc/Nv), Purchase Agreement (Particle Drilling Technologies Inc/Nv)
Default Under Other Agreements. (a) Holdings The Borrower or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that (x) it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,0002,500,000; or
Appears in 2 contracts
Sources: Credit Agreement (Appliance Warehouse of America Inc), Credit Agreement (Coinmach Corp)
Default Under Other Agreements. (a) Holdings Holdings, the Borrower or any of its Subsidiaries shall (i) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (b) any such Indebtedness (other than of Holdings, the Obligations) of Holdings Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or constitute an Event of Default under pursuant to this Section 9.04 unless the aggregate principal amount of all such Indebtedness as described exceeds $2,500,000 individually or in preceding clauses (a) and (b) is the aggregate at least $7,500,000any one time; or
Appears in 2 contracts
Sources: Acquisition Credit Agreement (Universal Outdoor Inc), Consolidation and Amendment (Universal Outdoor Inc)
Default Under Other Agreements. (ai) Holdings or any of its Restricted Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings or any of its Restricted Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; ,, provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00050,000,000; or
Appears in 2 contracts
Sources: Credit Agreement and Subsidiaries Guaranty (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,000; or
Appears in 2 contracts
Sources: Credit Agreement (Bway Corp), Credit Agreement (Bway Corp)
Default Under Other Agreements. (a) Holdings Holding, the Borrower or any of ------------------------------ its Subsidiaries shall (i) default in any payment of in respect to any Indebtedness (other than the Obligations) in excess of $2,500,000 individually or $5,000,000 in the aggregate of the Borrower and its Subsidiaries beyond the period of grace, if any, provided in an the agreement or instrument or agreement under which such Indebtedness was created issued, including, but not limited to, the New Senior Note Documents and the Special Term Loan Documents, or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is requiredrequired to so cause), any such Indebtedness to become due prior to its stated maturity, or (b) any Indebtedness (other than the Obligations) of Holdings ; or any such Indebtedness of its Subsidiaries Holding, the Borrower or any such Subsidiary shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment, prior to the stated maturity thereof; provided that, it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000; or
Appears in 2 contracts
Sources: Credit Agreement (Jorgensen Earle M Co /De/), Credit Agreement (Jorgensen Earle M Co /De/)
Default Under Other Agreements. (a) Holdings Borrower or any of its Subsidiaries Subsidiary shall (i) default in any payment of with respect to any Indebtedness (other than the ObligationsObligations and any non-recourse indebtedness permitted to be incurred hereunder) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (b) any Indebtedness of Borrower (other than the ObligationsObligations and any non-recourse indebtedness permitted to be incurred hereunder) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided thatprovided, however, that it shall not be a Default or constitute an Event of Default under pursuant to this Section 9.04 unless the aggregate principal amount of all Indebtedness as described any such event referred to in preceding clauses clause (a) and or (b) is occurs with respect to one or more issues of Indebtedness aggregating at least $7,500,00025.0 million or more; or
Appears in 2 contracts
Sources: Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00010.0 million; or
Appears in 2 contracts
Sources: Credit Agreement (Shuffle Master Inc), Credit Agreement (Shuffle Master Inc)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the ObligationsNotes) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0005,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Hanger Orthopedic Group Inc), Credit Agreement (Hanger Orthopedic Group Inc)
Default Under Other Agreements. (ai) Holdings The Company or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (bii) any Indebtedness (other than of the Obligations) of Holdings Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled or other mandatory required prepaymentprepayment or by reason of optional prepayment or tender by the issuer at its discretion, prior to the stated maturity thereof; provided that, that it shall not be a Default or constitute an Event of Default under pursuant to this Section 9.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (ai) and (bii) is above exceeds $20,000,000 at least $7,500,000any one time; or
Appears in 2 contracts
Sources: Global Revolving Credit Agreement (Sealed Air Corp/De), Global Revolving Credit Agreement (Sealed Air Corp/De)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00015,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Pyramid Communication Services, Inc.), Credit Agreement (PAETEC Holding Corp.)
Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any after all grace periods have run and applicable required notice is requiredhas been given), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid (other than by (x) a regularly scheduled required prepaymentprepayment or (y) a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default)), prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 12.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0005,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (International Money Express, Inc.), Credit Agreement (Fintech Acquisition Corp. II)
Default Under Other Agreements. (a) Holdings Any of the Parent Companies, Holdings, the US Borrower, the UK Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment of with respect to any Indebtedness (other than the Obligations) in excess of $20,000,000 in the aggregate, for the Parent Companies, Holdings, the US Borrower, the UK Borrower and such Subsidiaries, beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or (except in the case of Indebtedness consisting of any Hedge Agreement) any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the ObligationsIndebtedness consisting of any Hedge Agreement) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment, prior to the stated maturity thereof; provided that, it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000; or
Appears in 2 contracts
Sources: Credit Agreement (Rockwood Specialties Group Inc), Credit Agreement (Rockwood Specialties Group Inc)
Default Under Other Agreements. (ai) Holdings The REIT or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the REIT or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under clauses (i) or (ii) of this Section 9.04 unless the aggregate outstanding principal amount of all Indebtedness as described in preceding such clauses (ai) and (bii) is at least $7,500,00010,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Eldertrust), Credit Agreement (Eldertrust)
Default Under Other Agreements. (ai) Holdings Magellan or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings Magellan or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided thatprovided, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00025,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Magellan Health Inc), Credit Agreement (Magellan Health Inc)
Default Under Other Agreements. (a) Holdings The Borrower or any of its ------------------------------ Subsidiaries shall (i) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, ; or (b) any such Indebtedness (other than of the Obligations) of Holdings Borrower or any of its Subsidiaries shall be declared to be due and payable (or shall become) due and payable, or be required to be prepaid other than by as a regularly scheduled required prepayment, result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof; , provided that, that it shall not be a Default or constitute an Event of Default under pursuant to this Section 9.04 8.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (a) and (b) is above exceeds $3.0 million in the aggregate at least $7,500,000any one time; or
Appears in 2 contracts
Sources: Credit Agreement (MJD Communications Inc), Credit Agreement (MJD Communications Inc)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required, but after giving effect to any applicable grace periods), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 9.1(d) unless (A) the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00075,000,000 or (B) the Indebtedness described in preceding clauses (i) and (ii) arises under the Revolving Credit Agreement or the 364-Day Term Loan Agreement; or
Appears in 2 contracts
Sources: Term Loan Agreement (Owens Corning), Term Loan Agreement (Owens Corning)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of gracegrace or cure, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required, but beyond the period of grace or cure, if any, provided in the instrument or agreement under which such Indebtedness was created), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the ObligationsNotes) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0002,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Omniquip International Inc), Credit Agreement (Omniquip International Inc)
Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries Any Company shall (iA) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiB) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries Company shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.1(d) unless the aggregate principal amount of all Indebtedness as described in either of the preceding clauses (ai) and or (bii) is at least $7,500,0005,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Infousa Inc), Credit Agreement (Infousa Inc)
Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent Administrative Agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any such Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled prepayment or required prepaymentprepayment (other than pursuant to a "due-on-sale" clause in a mortgage or similar security agreement) (unless such required prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate outstanding principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0005,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Vestar Capital Partners Iv Lp), Credit Agreement (Gleason Corp /De/)
Default Under Other Agreements. (a) Holdings The Borrowers or any of its their respective Restricted Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the Obligations) of Holdings the Borrowers or any of its their respective Restricted Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that (x) it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,0005,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)
Default Under Other Agreements. (a) Holdings or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that (x) it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,0001,500,000; or
Appears in 2 contracts
Sources: Credit Agreement (Chancellor Broadcasting Co /De/), Credit Agreement (Chancellor Radio Broadcasting Co)
Default Under Other Agreements. (a) Holdings The Borrower or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (b) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,0001,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Iasis Healthcare Corp), Credit Agreement (Southwest General Hospital Lp)
Default Under Other Agreements. (ai) Holdings The Parent or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) the Parent or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (biii) any Indebtedness (other than the Obligations) of Holdings the Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,00010,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)
Default Under Other Agreements. (ai) Holdings Parent or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid (other than by (x) a regularly scheduled required prepaymentprepayment or (y) a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default)), prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,000500,000; or
Appears in 2 contracts
Sources: Credit Agreement (SAExploration Holdings, Inc.), Credit Agreement (SAExploration Holdings, Inc.)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required, but after giving effect to any applicable grace periods), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 9.1(d) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,000100,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Owens Corning), Credit Agreement (Owens Corning)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0005,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Infousa Inc), Credit Agreement (Infousa Inc)
Default Under Other Agreements. (ai) Holdings The Parent or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) the Parent or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (biii) any Indebtedness (other than the Obligations) of Holdings the Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 unless 11.04 if a waiver of any of the defaults described in the preceding clauses (i) through (iii) has been obtained or if the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least less than $7,500,000; or10,000,000.
Appears in 1 contract
Default Under Other Agreements. (a) Holdings the Borrower or any of its Subsidiaries shall (i) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond owed to any Lender, or having an unpaid principal amount of $5,000,000 or greater, and such default shall continue after the period of graceapplicable grace period, if any, provided specified in an the agreement or instrument or agreement under which relating to such Indebtedness was created Indebtedness, or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating theretothereto (and all grace periods applicable to such observance, performance or condition shall have expired), or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (b) any such Indebtedness (other than of the Obligations) of Holdings Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepaymentprepayment or redemption, prior to the stated maturity thereof; provided that, it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000); or
Appears in 1 contract
Sources: Credit Agreement (Royal Appliance Manufacturing Co)
Default Under Other Agreements. (ai) Holdings The Borrower or any of ------------------------------ its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this -------- Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0002,000,000; or
Appears in 1 contract
Default Under Other Agreements. (a) Holdings Holdings, the Borrower or any of its Subsidiaries shall (i) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (b) any such Indebtedness (other than of Holdings, the Obligations) of Holdings Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or constitute an Event of Default under pursuant to this Section 9.04 8.04 unless the aggregate principal amount of all such Indebtedness as described exceeds $2,500,000 individually or in preceding clauses (a) and (b) is the aggregate at least $7,500,000any one time; or
Appears in 1 contract
Sources: Term Loan Agreement (Universal Outdoor Holdings Inc)
Default Under Other Agreements. (a) Holdings The Company, any Account Party, any Regulated Insurance Company or any of its Subsidiaries Subsidiary shall (i) default in any payment (after the expiration of any Indebtedness (other than the Obligations) beyond the applicable grace period of grace, if any, provided in an the applicable agreement or instrument or agreement under which such Indebtedness was created created) with respect to Indebtedness (other than any Indebtedness hereunder) in excess of $25,000,000 individually or in the aggregate, for the Company and its Subsidiaries or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit (after the expiration of any applicable grace period provided in the applicable agreement or instrument under which such Indebtedness was created) the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined with or without regard to whether any notice is requiredthe giving of notice, the lapse of time or both), any such Indebtedness to become due due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its stated scheduled maturity, or ; (b) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, it shall not be a Default or an “Event of Default Default”, as defined under this Section 9.04 unless the aggregate principal amount Existing Letter of all Indebtedness as described in preceding clauses (a) Credit Facilities, shall have occurred and (b) is at least $7,500,000be continuing; or
Appears in 1 contract
Sources: Unsecured Revolving Credit and Letter of Credit Facility Agreement (Third Point Reinsurance Ltd.)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0004,000,000; or
Appears in 1 contract
Sources: Credit Agreement (United Online Inc)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.4 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0001,000,000; or
Appears in 1 contract
Sources: Credit Agreement (First Horizon Pharmaceutical Corp)
Default Under Other Agreements. With respect to (av) Holdings the SSCF, (w) the Existing Revolving Credit Agreement, (x) the Senior Notes, (y) the Senior Term Loan or (z) any of its Subsidiaries shall (i) default in any payment of any other Indebtedness (other than the ObligationsObligations and intercompany Indebtedness) in an aggregate principal amount greater than $25,000,000, (i) the Borrower or any of its Restricted Subsidiaries shall default in any payment beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) the Borrower or any of its Restricted Subsidiaries shall default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (b) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, that it shall not be a Default or an Event of Default under this Section 9.04 unless 11.04 if a waiver of any of the aggregate principal amount of all Indebtedness as defaults described in the preceding clauses (ai) and through (bii) is at least $7,500,000has been obtained; or
Appears in 1 contract
Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepaymentprepayment (or as a result of any sale of an asset securing such Indebtedness in accordance with the terms thereof), prior to the stated maturity thereof; provided that, PROVIDED that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0001,000,000; or
Appears in 1 contract
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Restricted Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Restricted Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00015,000,000; or
Appears in 1 contract
Default Under Other Agreements. (ai) Holdings Any Credit Party or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or ; (bii) any Indebtedness (other than the Obligations) of Holdings any Credit Party or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated st ated maturity thereof; provided thatprovided, however, that it shall not be a Default or an Event of Default under clause (i) or (ii) of this Section 9.04 8.4 unless the aggregate principal amount (or, with respect to Indebtedness under Interest Rate Protection Agreements, the termination amount) of all Indebtedness as described in the preceding clauses (ai) and (bii) is at least $7,500,0001.0 million; or
Appears in 1 contract
Sources: Senior Secured Short Term Bridge Credit Agreement (Aes Corporation)
Default Under Other Agreements. (a) Holdings The Borrowers or any of its their respective Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the Obligations) of Holdings the Borrowers or any of its their respective Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that (x) it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,00010,000,000; or
Appears in 1 contract
Sources: Credit Agreement (Furniture Brands International Inc)
Default Under Other Agreements. (ai) Holdings The Parent or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) the Parent or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (biii) any Indebtedness (other than the Obligations) of Holdings the Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepaymentprepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 (x) if a Non-Recourse Default shall occur or be continuing, or (y) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) is at least iii), inclusive, exceeds $7,500,00010,000,000; or
Appears in 1 contract
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of gracegrace or cure, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepaymentprepayment (including, without limitation, by reason of the occurrence of a change of control or other similar event), prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under clauses (i) or (ii) of this Section 9.04 10.04 unless the aggregate outstanding principal amount of all Indebtedness as described in preceding such clauses (ai) and (bii) is at least $7,500,00020,000,000; or
Appears in 1 contract
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in either of the preceding clauses (ai) and or (bii) is at least $7,500,0005,000,000; or
Appears in 1 contract
Sources: Credit Agreement (Infousa Inc)
Default Under Other Agreements. (ai) Holdings The Company or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the ObligationsNotes) of Holdings the Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, PROVIDED that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0001,000,000; or
Appears in 1 contract
Sources: Credit Agreement (Neff Corp)
Default Under Other Agreements. (a) Holdings The Borrower or any of its Subsidiaries shall (i) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (b) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its their Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided that, PROVIDED that it shall not be a Default or constitute an Event of Default under pursuant to clause (a) or (b) of this Section 9.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness as described referred to in preceding clauses (a) and (b) is above, exceeds $5,000,000 at least $7,500,000any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) Holdings Holdings, Parent, the Borrower or any of its their respective Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the Obligations) of Holdings Holdings, Parent, the Borrower or any of its their respective Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that (x) it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (biii), inclusive, less the Howmet Cercast (Canada) Defaulted Amount (if any) at such time, is at least $7,500,0005,000,000; or
Appears in 1 contract
Sources: Credit Agreement (Howmet Corp /New/)
Default Under Other Agreements. (a) Holdings Parent or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the Obligations) of Holdings Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,00030,000,000; or
Appears in 1 contract
Sources: Credit Agreement (Capstar Broadcasting Partners Inc)
Default Under Other Agreements. (a) Holdings The Borrower or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or created, (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (biii) any Indebtedness (other than of the Obligations) of Holdings Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled or other mandatory required prepayment, prior to the stated maturity thereof; provided that, that it shall not be a Default or constitute an Event of Default under pursuant to this Section 9.04 11.04 unless the aggregate principal 100 amount of all Indebtedness as described referred to in preceding clauses (ai) and through (biii) is above exceeds $20,000,000 at least $7,500,000any one time; or
Appears in 1 contract
Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0002,000,000; or
Appears in 1 contract
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of gracegrace or cure, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepaymentprepayment (including, without limitation, by reason of the occurrence of a change of control or other similar event, but excluding by reason of any due-on-sale clause contained in Indebtedness so long as the aggregate principal amount of all such Indebtedness does not exceed $3,500,000), prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under clauses (i) or (ii) of this Section 9.04 10.04 unless the aggregate outstanding principal amount of all Indebtedness as described in preceding such clauses (ai) and (bii) is at least $7,500,0003,500,000; or
Appears in 1 contract
Default Under Other Agreements. (ai) Holdings HET or any Subsidiary of its Subsidiaries HET shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings HET or any Subsidiary of its Subsidiaries HET shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Guarantor Default or an a Guarantor Event of Default under this Section 9.04 14(c) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00025,000,000; or
Appears in 1 contract
Sources: Guaranty and Loan Purchase Agreement (JCC Holding Co)
Default Under Other Agreements. (a) Holdings or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the ObligationsNotes) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,0002,500,000; or
Appears in 1 contract
Sources: Credit Agreement (Universal Compression Holdings Inc)
Default Under Other Agreements. (a) Holdings The Borrower or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (b) any Indebtedness (other than the ObligationsNotes) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000; or
Appears in 1 contract
Sources: Credit Agreement (Semiconductor Packaging Materials Co Inc)
Default Under Other Agreements. (ai) Holdings The Borrower or any of ------------------------------ its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000; or-------- Section
Appears in 1 contract
Sources: Credit Agreement (Manitowoc Co Inc)
Default Under Other Agreements. (a) Holdings the Borrower or any of its Subsidiaries shall (i) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond owed to any Lender, or having an unpaid principal amount of $5,000,000 or greater, and such default shall continue after the period of graceapplicable grace period, if any, provided specified in an the agreement or instrument or agreement under which relating to such Indebtedness was created Indebtedness, or (ii) default in the 57 58 observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating theretothereto (and all grace periods applicable to such observance, performance or condition shall have expired), or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (b) any such Indebtedness (other than of the Obligations) of Holdings Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepaymentprepayment or redemption, prior to the stated maturity thereof; provided that, it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000); or
Appears in 1 contract
Sources: Credit Agreement (Royal Appliance Manufacturing Co)
Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, PROVIDED that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00012,000,000; or
Appears in 1 contract
Sources: Credit Agreement (Vertis Inc)
Default Under Other Agreements. (a) Holdings Any Credit Party or any of its Subsidiaries shall (i) default in any payment of with respect to any Indebtedness in excess of $500,000 (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, in any case the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness in excess of $500,000 to become due prior to its stated maturity, ; or (b) any Indebtedness (other than the Obligations) of Holdings any Credit Party or any of its Subsidiaries in excess of $500,000 shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000; or
Appears in 1 contract
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (bii) any Indebtedness (other than of the Obligations) of Holdings Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled or other mandatory required prepayment, prior to the stated maturity thereof; provided that, that it shall not be a Default or constitute an Event of Default under pursuant to this Section 9.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (ai) and (bii) is above exceeds $5,000,000 at least $7,500,000any one time; or
Appears in 1 contract
Sources: Credit Agreement (Interlake Corp)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000; orthis
Appears in 1 contract
Sources: Credit Agreement (First Horizon Pharmaceutical Corp)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, PROVIDED that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0005,000,000; or
Appears in 1 contract
Sources: Credit Agreement (Nash Finch Co)
Default Under Other Agreements. (a) Holdings The General Partner or the Borrower or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the ObligationsIndebtedness referred to in Section 10.01) beyond the period of gracegrace (not to exceed 10 days), if any, provided in an the instrument or agreement under which such Indebtedness was created or created, (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsIndebtedness referred to in Section 10.01) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the ObligationsIndebtedness referred to in Section 10.01) of Holdings the General Partner or the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (biii) inclusive, is at least $7,500,000100,000; or
Appears in 1 contract
Sources: Credit Agreement (Staff Leasing Inc)
Default Under Other Agreements. (ai) Holdings or any of its ------------------------------ Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000; or-------- Section
Appears in 1 contract
Sources: Credit Agreement (Nm Licensing LLC)
Default Under Other Agreements. (a) Holdings Any Credit Party or any of its their respective Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (b) any Indebtedness (other than the Obligations) of Holdings any Credit Party or any of its their respective Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided provided, that, it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,00035,000,000; oror 11.05
Appears in 1 contract
Default Under Other Agreements. (a) Holdings The Company or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, or (b) any Indebtedness (other than the Obligations) of Holdings the Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepaymentprepayment or pursuant to customary mandatory prepayment provisions in connection with asset sales, casualty and condemnation events, the incurrence of indebtedness, the issuance of Equity Interests or excess cash flow, prior to the stated maturity thereof; provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000equal to the Threshold Amount; or
Appears in 1 contract
Sources: Abl Credit Agreement (Ciena Corp)
Default Under Other Agreements. (ai) The Parent, or Holdings or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations, the Existing Intercompany Indebtedness and any other intercompany loans) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) the Parent, or Holdings or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations, the Existing Intercompany Indebtedness and any other intercompany loans) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (b) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) ii), inclusive, is at least $7,500,00010,000,000; or
Appears in 1 contract
Default Under Other Agreements. (a) Holdings The Borrower or any of its Subsidiaries shall (i) default in any payment of with respect to any Indebtedness (other than the ObligationsObligations and the ▇▇▇▇ Note) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity, maturity or (b) any Indebtedness (other than the ObligationsObligations and the ▇▇▇▇ Note) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided that, PROVIDED that it shall not be a Default or constitute an Event of Default under pursuant to clause (a) or (b) of this Section 9.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness as described referred to in preceding clauses (a) and (b) is above, equals or exceeds $3,000,000 at least $7,500,000any one time; or
Appears in 1 contract
Sources: Credit Agreement (Symons Corp)
Default Under Other Agreements. (ai) Holdings Magellan or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings Magellan or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00025,000,000; or
Appears in 1 contract
Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, payable prior to the stated maturity thereof; thereof (other than, in the case of this clause (ii), any secured Indebtedness that is required to be prepaid as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness), provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00010,000,000; or
Appears in 1 contract
Sources: Credit Agreement (Town Sports International Holdings Inc)
Default Under Other Agreements. (ai) Holdings Any Credit Party or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (bii) any Indebtedness (other than the Obligations) of Holdings any Credit Party or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided thatprovided, however, that it shall not be a Default or an Event of Default under clause (i) or (ii) of this Section 9.04 8.4 unless the aggregate principal amount (or, with respect to Indebtedness under Interest Rate Protection Agreements, the termination amount) of all Indebtedness as described in the preceding clauses (ai) and (bii) is at least $7,500,0005.0 million; or
Appears in 1 contract
Sources: Senior Secured Bridge Credit Agreement (Aes Corporation)
Default Under Other Agreements. (ai) Holdings The Parent or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) the Parent or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (biii) any Indebtedness (other than the Obligations) of Holdings the Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,0005,000,000; or
Appears in 1 contract
Default Under Other Agreements. (ai) Holdings Any Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the ObligationsObligations and intercompany loans) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsObligations and intercompany loans) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is requiredrequired but giving effect to any grace period), any such Indebtedness to become due prior to its stated maturity, maturity or (bii) any Indebtedness (other than the Obligations) of Holdings any Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or constitute an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described referred to in preceding clauses (ai) and (bii) above equals or exceeds $125,000,000250,000,000 ; provided further that the prior proviso shall not apply to any Incremental Equivalent Indebtedness that is at least $7,500,000secured; or
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Default Under Other Agreements. (ai) Holdings The Parent or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) the Parent or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (biii) any Indebtedness (other than the Obligations) of Holdings the Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid prepaid, redeemed, defeased or repurchased other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.04 (x) if a Non-Recourse Default shall occur or be continuing or (y) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) is at least iii), inclusive, exceeds $7,500,00010,000,000; or
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Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the ObligationsNotes) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00010,000,000; or
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Default Under Other Agreements. (a) Holdings Parent or any of its Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (biii) any Indebtedness (other than the Obligations) of Holdings Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,00010,000,000; or
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Default Under Other Agreements. (a) Holdings The Company or any of its Subsidiaries shall (i) default in any payment of any with respect to Indebtedness (other than the ObligationsLoans, but in any event, including after the execution and delivery thereof, Indebtedness under the Lloyd's Facility and the Life Facility) in excess of $30,000,000 individually or in the aggregate, for the Company and its Subsidiaries, beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice of acceleration, or any lapse of time prior to the effectiveness of any notice of acceleration, is required), any such Indebtedness to become due prior to its stated maturity, ; or (b) any Indebtedness (other than of the Obligations) of Holdings Company or any of its Subsidiaries in excess of $30,000,000 shall be declared to be (or shall become) due and payable, payable or required to be prepaid prepaid, other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided that, it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (a) and (b) is at least $7,500,000; or
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Default Under Other Agreements. (a) Holdings or any of its Subsidiaries shall Any Restricted Party shall:
(i) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or or
(ii) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or maturity or
(biii) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries Restricted Party shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (b) iii), inclusive, is at least $7,500,0002.0 million; or
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Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the ObligationsNotes) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0003,500,000 (or in the case of currencies other than Dollars, the Dollar Equivalent thereof); or
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Default Under Other Agreements. (ai) Holdings The Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries shall (i) default in any payment of any Indebtedness (other than the Obligations, the Existing Intercompany Indebtedness and any other intercompany loans) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) the Parent or any of the Holdco Guarantors or any of Holdings’ Subsidiaries shall default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations, the Existing Intercompany Indebtedness and any other intercompany loans) or contained in any instrument or agreement evidencing, securing or relating thereto, including, without limitation, the Senior Note Indenture, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (b) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, that it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and through (bii), inclusive, is (x) is during the Forbearance Period, at least $7,500,0005,000,000 and (y) otherwise, at least $10,000,000; or
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Sources: Credit Agreement and Forbearance Agreement (Trico Marine Services Inc)
Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent Administrative Agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any such Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled prepayment or required prepaymentprepayment (other than pursuant to a “due-on-sale” clause in a mortgage or similar security agreement) (unless such required prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 unless the aggregate outstanding principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,00010,000,000; or
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Default Under Other Agreements. (ai) Holdings The Company or any of its Subsidiaries Restricted Subsidiary shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Company or any of its Subsidiaries Restricted Subsidiary shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, that (A) it shall not be a Default or an Event of Default under this Section 9.04 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,000equal to the Threshold Amount and (B) the preceding clause (ii) shall not apply to Indebtedness that becomes due as a result of a voluntary sale or transfer of the property or assets securing such Indebtedness, if such sale or transfer is otherwise permitted hereunder; or
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Default Under Other Agreements. (a) Holdings or any of its Subsidiaries shall (i) default in any payment of with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, ; or (b) any Indebtedness (other than the Obligations) of Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that, that it shall not be a Default or constitute an Event of Default under pursuant to clause (a) or (b) of this Section 9.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness as described referred to in preceding clauses (a) and (b) is at least above, equals or exceeds $7,500,00025,000,000; or
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Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined 57 without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, maturity or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0001,000,000; or
Appears in 1 contract
Sources: Credit Agreement (First Horizon Pharmaceutical Corp)
Default Under Other Agreements. (ai) Holdings or any of its Subsidiaries The Guarantor shall (ix) default in any payment of any Indebtedness (other than the Guaranteed Obligations) beyond the period of grace, if any, provided in an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Guaranteed Obligations) or contained in any instrument or agreement agree- ment evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Guaranteed Obligations) of Holdings or any of its Subsidiaries the Guarantor shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Holdco Default or an a Holdco Event of Default under this Section 9.04 13(c) unless (A) the principal amount of any one issue of such Indebtedness is at least $2,500,000 or (B) the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0005,000,000; or
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Default Under Other Agreements. (ai) Holdings The US Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the ObligationsNotes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the ObligationsNotes) of Holdings the US Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0003,000,000; or
Appears in 1 contract
Sources: Credit Agreement (Sitel Corp)
Default Under Other Agreements. (ai) Holdings The Borrower or any of its Subsidiaries shall (ix) default in any payment of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in an the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity, or (bii) any Indebtedness (other than the Obligations) of Holdings the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that, that it shall not be a Default or an Event of Default under this Section 9.04 10.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (ai) and (bii) is at least $7,500,0005,000,000; or
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