Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 6 contracts
Sources: Credit Agreement (HCA Holdings, Inc.), Credit Agreement (HCA Holdings, Inc.), Credit Agreement (Hca Inc/Tn)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 75,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 6 contracts
Sources: Amendment No. 6 (Intelsat S.A.), Amendment No. 5 and Joinder Agreement (Intelsat S.A.), Amendment No. 3 and Joinder Agreement (Intelsat S.A.)
Default Under Other Agreements. (ai) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in the payment when due, whether at stated maturity or otherwise, of any payment with respect amount pursuant to any Indebtedness (other than Indebtedness owed to the ObligationsLenders under the Loan Documents) in excess of $150,000,000 50,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, aggregate beyond the period of grace, grace if any, provided in the instrument or agreement under which such Indebtedness was created created, or (ii) a default shall occur in the performance or observance or performance of any agreement or condition relating to under any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity; maturity or (biii) without limiting the provisions of clause (a) above, any such Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable, or required to be prepaid (other than such Indebtedness that is required to be prepaid upon a “Change of Control” under a Public Note Document that would not cause a Change of Control hereunder) other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due with proceeds of the event giving rise to a termination event or equivalent event pursuant to the terms of such Hedge Agreementsprepayment), prior to the stated maturity thereof; or
Appears in 6 contracts
Sources: Credit Agreement, Credit Agreement (Huntsman International LLC), Credit Agreement (Huntsman CORP)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, the Borrower or any such Indebtedness 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 or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 5 contracts
Sources: Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the its Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 50,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 4 contracts
Sources: Refinancing Amendment (MRC Global Inc.), Refinancing Amendment and Successor Administrative Agent Agreement (MRC Global Inc.), Term Loan Credit Agreement (MRC Global Inc.)
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, Holdings or any such Indebtedness 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 or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 10.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 4 contracts
Sources: Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 20,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, 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 Indebtedness consisting of any Hedge Agreement) shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 4 contracts
Sources: Credit Agreement (KCLC Acquisition Corp), Credit Agreement (Randalls Food Markets Inc), Credit Agreement (Kindercare Learning Centers Inc /De)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 4 contracts
Sources: Credit Agreement (HCA Healthcare, Inc.), Joinder Agreement (HCA Healthcare, Inc.), Joinder Agreement (HCA Healthcare, Inc.)
Default Under Other Agreements. (ai) The Parent Borrower or any of the Restricted its Subsidiaries shall (ix) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 100,000,000 individually or in the aggregate, for the Parent Borrower and such Restricted its Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (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 (bii) without limiting Indebtedness of the provisions Parent Borrower or its Subsidiaries in excess of clause (a) above, any such Indebtedness $100,000,000 shall be declared to be due and payable, payable other than in accordance with the terms of such Indebtedness or required to be prepaid prepaid, other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; or
Appears in 4 contracts
Sources: Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.)
Default Under Other Agreements. (a) The Parent the Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess owed to any Lender, or having an unpaid principal amount of $150,000,000 in the aggregate1,000,000 or greater, for the Parent Borrower and such Restricted Subsidiaries, beyond default shall continue after the period of graceapplicable grace period, if any, provided specified in 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, 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 of the Borrower or any of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)redemption, prior to the stated maturity thereof); or
Appears in 4 contracts
Sources: Credit Agreement (NCS Healthcare Inc), Credit Agreement (Trover Solutions Inc), Credit Agreement (Healthcare Recoveries Inc)
Default Under Other Agreements. (ai) The Parent Borrower or any of the Restricted its Subsidiaries shall (ix) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 50,000,000 individually or in the aggregate, for the Parent Borrower and such Restricted its Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (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 (bii) without limiting Indebtedness of the provisions Parent Borrower or its Subsidiaries in excess of clause (a) above, any such Indebtedness $50,000,000 shall be declared to be due and payable, payable other than in accordance with the terms of such Indebtedness or required to be prepaid prepaid, other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; or
Appears in 4 contracts
Sources: Credit Agreement (Arch Capital Group Ltd.), Bridge Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 50,000,000 individually or in the aggregate, for the Parent Borrower and such Restricted its Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (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) without limiting Indebtedness of the provisions Parent Borrower or its Subsidiaries in excess of clause (a) above, any such Indebtedness $50,000,000 shall be declared to be due and payable, payable other than in accordance with the terms of such Indebtedness or required to be prepaid prepaid, other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; or
Appears in 4 contracts
Sources: Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Arch Capital Group Ltd.)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 3 contracts
Sources: Restatement Agreement (HCA Healthcare, Inc.), Credit Agreement (HCA Holdings, Inc.), Credit Agreement (HCA Holdings, Inc.)
Default Under Other Agreements. (a) The Parent Borrower Any of the Loan Parties or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 25,000,000 in the aggregate, for the Parent Borrower such Loan Parties and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid (other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreementsprepayment, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 3 contracts
Sources: Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice or lapse of time is required), any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; oror (c) without limiting the generality of the foregoing, the occurrence of an "Event of Default" (as defined therein) under the First Fidelity Term Loan Agreement;
Appears in 3 contracts
Sources: Credit Agreement (Hooper Holmes Inc), Revolving Credit and Term Loan Agreement (Hooper Holmes Inc), Credit Agreement (Hooper Holmes Inc)
Default Under Other Agreements. (a) The Parent Any of Holdings, the Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 20,000,000 in the aggregate, for Holdings, the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due (or to cause Holdings, the Borrower or any of its Restricted Subsidiaries to purchase any such Indebtedness) prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereofthereof or (c) the Forward Purchase Contract is terminated prior to the settlement date or one or more conditions precedent to the purchase of the Initial PIK Convertible Notes by Sealy Holding LLC pursuant to the Forward Purchase Contract has not been satisfied or becomes impossible to satisfy and such condition or conditions has not been waived by Sealy Holding LLC; or
Appears in 3 contracts
Sources: Credit Agreement (Sealy Corp), Credit Agreement (Sealy Corp), Credit Agreement (Sealy Corp)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 50,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 3 contracts
Sources: Credit Agreement (PanAmSat Holding CORP), Credit Agreement (Panamsat Corp /New/), Credit Agreement (PanAmSat Holding CORP)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in the payment when due, whether at stated maturity or otherwise, of any payment with respect amount pursuant to any Indebtedness (other than Indebtedness owed to the ObligationsLenders under the Loan Documents) in excess of $150,000,000 50,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, aggregate beyond the period of grace, grace if any, provided in the instrument or agreement under which such Indebtedness was created created, or (ii) a default shall occur in the performance or observance or performance of any agreement or condition relating to under any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity; maturity or (biii) without limiting the provisions of clause (a) above, any such Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable, or required to be prepaid (other than such Indebtedness that is required to be prepaid upon a “Change of Control” under a Public Note Document that would not cause a Change of Control hereunder) other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due with proceeds of the event giving rise to a termination event or equivalent event pursuant to the terms of such Hedge Agreementsprepayment), prior to the stated maturity thereof; or
Appears in 3 contracts
Sources: Credit Agreement (Huntsman CORP), Credit Agreement (Huntsman International LLC), Credit Agreement (Huntsman International LLC)
Default Under Other Agreements. (a) The Parent Borrower Company or any of the Restricted Subsidiaries Subsidiary shall (i) default in any payment with respect to any Indebtedness for borrowed money (other than the Obligationsthis Note) which Indebtedness has an outstanding principal amount in excess of $150,000,000 250,000 individually or $750,000 in the aggregate, aggregate for the Parent Borrower and all such Restricted SubsidiariesIndebtedness, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder) and such default shall continue for five days (or to such earlier date as the holder of any other Indebtedness shall declare the same due and payable by reason of such default; or (b) without limiting any Indebtedness of the provisions Company or any Subsidiary which has an outstanding principal amount in excess of clause (a) above, any the $250,000 individually or $750,000 in the aggregate for all such Indebtedness shall shall, in accordance with its terms, be declared to be due and payable, or required to be prepaid other than by a regularly scheduled or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), payment prior to the stated maturity thereof; or
Appears in 3 contracts
Sources: Convertible Note Agreement (Zix Corp), Convertible Note (Zix Corp), Convertible Note (Zix Corp)
Default Under Other Agreements. (ai) The Parent Holdings or the Borrower or any of the Restricted Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, any such Indebtedness Holdings or the Borrower 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 (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof, provided that (A) it shall not be a Default or an Event of Default under this Section 11.04 unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least equal 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 and such Indebtedness is promptly paid; or
Appears in 3 contracts
Sources: Term Loan Credit Agreement, Term Loan Credit Agreement (OCI Partners LP), Term Loan Credit Agreement (OCI Partners LP)
Default Under Other Agreements. (a) The Parent Borrower Any of the Loan Parties or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 120,000,000 in the aggregate, for the Parent Borrower such Loan Parties and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid (other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreementsprepayment, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 3 contracts
Sources: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Loan Document Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Loan Document Obligations) of clause (a) above, Holdings or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 8.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $15,000,000 at any one time; or
Appears in 2 contracts
Sources: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
Default Under Other Agreements. (ai) The Parent Borrower or any of the Restricted Subsidiaries Any Group Member shall (ix) default in any payment with respect to of any Indebtedness (other than the Secured Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the 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 such Indebtedness (other than the Secured Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice of acceleration is required other than, in any case, voluntary prepayments or terminations permitted under this Agreement), any such Indebtedness to become due prior to its stated maturity; maturity (except with respect to secured Indebtedness to the extent the same become due as a result of sale or transfer of the property or assets securing such Indebtedness), or (bii) without limiting any Indebtedness (other than the provisions Secured Obligations) of clause (a) above, any such Indebtedness Group Member 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 (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayments permitted by this Agreement, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 11.01(d) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least £15,000,000; or
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Toys R Us Inc), Syndicated Facility Agreement (Toys R Us Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 10,000,000 individually or in the aggregate, for the Parent Borrower and such Restricted its Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (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) without limiting Indebtedness of the provisions Parent Borrower or its Subsidiaries in excess of clause (a) above, any such Indebtedness $10,000,000 shall be declared to be due and payable, payable other than in accordance with the terms of such Indebtedness or required to be prepaid prepaid, other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Credit Agreement (Endurance Specialty Holdings LTD), Term Loan Agreement (Endurance Specialty Holdings LTD)
Default Under Other Agreements. (a) The Parent Holdings, the Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligationsany Indebtedness described in Section 10.1) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries20,000,000, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Hedging Agreements, termination events or equivalent events pursuant to the terms of such Hedge Hedging Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Hedging Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Hedging Agreements), prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Goodman Global Group, Inc.), Term Loan Credit Agreement (Goodman Sales CO)
Default Under Other Agreements. (a) The Parent Holdings, the Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligationsany Indebtedness described in Section 11.1) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries20,000,000, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Hedging Agreements, termination events or equivalent events pursuant to the terms of such Hedge Hedging Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Hedging Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Hedging Agreements), prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Revolving Credit Agreement (Goodman Global Group, Inc.), Revolving Credit Agreement (Goodman Sales CO)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, 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 of Parent or any of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof, provided that it shall not constitute an Event of Default pursuant to this Section 10.04 unless the aggregate amount of all Indebtedness referred to in clauses (a) and (b) above exceeds $25,000,000 at any one time; or
Appears in 2 contracts
Sources: Credit Agreement (Noble Corp), Credit Agreement (Noble Corp)
Default Under Other Agreements. (a) The Parent Any of Holdings, the Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 30,000,000 in the aggregate, for Holdings, the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, 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 Indebtedness consisting of any Hedge Agreement) shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Credit Agreement (Rockwood Holdings, Inc.), Credit Agreement (Rockwood Holdings, Inc.)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 15,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Credit Agreement (Accellent Inc), Credit Agreement (Accellent Corp.)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturity; maturity or (b) without limiting the provisions of clause (a) above, any such Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof, PROVIDED that it shall not constitute an Event of Default pursuant to this Section 9.04 unless the principal amount of any one issue of such Indebtedness exceeds $1,500,000 or the aggregate amount of all Indebtedness referred to in clauses (a) and (b) above exceeds $2,500,000 at any one time; or
Appears in 2 contracts
Sources: Credit Agreement (Geo Specialty Chemicals Inc), Credit Agreement (Geo Specialty Chemicals Inc)
Default Under Other Agreements. (a) The Parent Borrower RailAmerica or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) having a principal amount in excess of $150,000,000 10.0 million individually or in the aggregate, aggregate for the Parent Borrower RailAmerica and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due (or to cause RailAmerica or any of its Restricted Subsidiaries to purchase any such Indebtedness) prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Credit Agreement (Railamerica Inc /De), Credit Agreement (Railamerica Inc /De)
Default Under Other Agreements. (a) The Parent Any of Holdings, the US Borrower, the UK Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 30,000,000 in the aggregate, for Holdings, the Parent US Borrower, the UK Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, 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 Indebtedness consisting of any Hedge Agreement) shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Credit Agreement (Rockwood Specialties Group Inc), Credit Agreement (Rockwood Holdings, Inc.)
Default Under Other Agreements. (a) The Parent Borrower Any of Holdings, the Company or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 35,000,000 in the aggregate, for Holdings, the Parent Borrower Company and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Credit Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Credit Agreement (Avago Technologies LTD)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligationspursuant to Section 11.1) in excess of $150,000,000 20,000,000 in the aggregate, aggregate for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Hedging Agreements, termination events or equivalent events pursuant to the terms of such Hedge Hedging Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Hedging Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Hedging Agreements), prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Credit Agreement (LPL Investment Holdings Inc.), Credit Agreement (LPL Investment Holdings Inc.)
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, cause any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, Holdings or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $3,750,000 at any one time; or
Appears in 2 contracts
Sources: Credit Agreement (Nutraceutical International Corp), Credit Agreement (Nutraceutical International Corp)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted ------------------------------ its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness pursuant to which the Borrower is obligated in any manner in an amount in excess of $250,000 (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of gracegrace (not to exceed 30 days), if any, provided in 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition is to cause, or to permit the 42 48 holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, the Borrower or any such Indebtedness of its Subsidiaries pursuant to which the Borrower is obligated in any manner shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Warehouse Credit Agreement (E Loan Inc), Warehouse Credit Agreement (E Loan Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness pursuant to which the Borrower is obligated in any manner (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of gracegrace (not to exceed 30 days), if any, provided in 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, the Borrower or any such Indebtedness of its Subsidiaries pursuant to which the Borrower is obligated in any manner shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Warehouse Credit Agreement (Mortgage Com Inc), Warehouse Credit Agreement (Mortgage Com Inc)
Default Under Other Agreements. (a) The Parent Borrower the Company, any subsidiary of the Company, or any of the Restricted Subsidiaries Guarantor shall (i) default in any payment with respect to any Indebtedness for borrowed money (other than the Obligationsthis Note) which Indebtedness has an outstanding principal amount in excess of $150,000,000 100,000 individually or $200,000 in the aggregate, aggregate for the Parent Borrower Company, its subsidiaries and such Restricted Subsidiariesthe Guarantors, taken as a whole, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder); or (b) without limiting any Indebtedness of the provisions of clause (a) aboveCompany, any such Indebtedness shall of its subsidiaries or the Guarantors which has an outstanding principal amount in excess of $100,000 individually or $200,000 in the aggregate shall, in accordance with its terms, be declared to be due and payable, or required to be prepaid other than by a regularly scheduled or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), payment prior to the stated maturity thereof; or;
Appears in 2 contracts
Sources: 12% Secured Convertible Note (Transmedia Asia Pacific Inc), 12% Secured Convertible Note (Transmedia Asia Pacific Inc)
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, Holdings or any such Indebtedness 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 or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 2 contracts
Sources: Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Company Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, cause any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, the Borrower or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided, that it shall not constitute an Event of Default pursuant to clause
(a) or (b) of this Section 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $1,500,000 at any one time; or
Appears in 2 contracts
Sources: Credit Agreement (Therma Wave Inc), Credit Agreement (Therma Wave Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 25,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 2 contracts
Sources: Credit Agreement (Serena Software Inc), Credit Agreement (Serena Software Inc)
Default Under Other Agreements. (a) The Parent Borrower Company or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 50,000,000 in the aggregate, for the Parent Borrower Company and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 1 contract
Sources: First Lien Credit Agreement (IPC Systems Holdings Corp.)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the ObligationsIndebtedness referred to in Section 10.01) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of gracegrace (not to exceed 10 days), if any, provided in 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 such Indebtedness (other than the Indebtedness 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; maturity and such default shall not have been cured or waived, or (biii) without limiting any Indebtedness (other than the provisions Indebtedness referred to in Section 10.01) of clause (a) above, the Borrower or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to this Section 10.04 unless the aggregate amount of all Indebtedness referred to in the preceding clauses (i) through (iii) above exceeds $500,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower Company or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 80,000,000 in the aggregate, for the Parent Borrower Company and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; provided that a default, occurrence or condition under the First Lien Credit Agreement shall cause an Event of Default under this Section 11.4 only if such default, occurrence or condition results in all First Lien Loans (including all First Lien Term Loans) under the First Lien Credit Agreement becoming due prior to their stated maturity; or
Appears in 1 contract
Sources: Second Lien Credit Agreement (IPC Systems Holdings Corp.)
Default Under Other Agreements. (a) The Parent Borrower Any Credit Party or any of the Restricted ------------------------------ its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, cause any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, any such Indebtedness Credit Party or any of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid or redeemed other than by a regularly scheduled required prepayment or as a mandatory prepayment (andprepayment, with respect purchased or defeased, or an offer to prepay, redeem, purchase or defease such Indebtedness consisting of any Hedge Agreementsshall be required to be made, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)in each case, prior to the stated maturity thereof; provided that it -------- shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $1,500,000 at any one time; or
Appears in 1 contract
Sources: Credit Agreement (Modus Media International Holdings Inc)
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, cause any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, Holdings or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $10,000,000 at any one time; or
Appears in 1 contract
Sources: Credit Agreement (Waters Corp /De/)
Default Under Other Agreements. (a) The Parent Borrower the Company or any of the Restricted Subsidiaries subsidiary shall (i) default in any payment with respect to any Indebtedness indebtedness for borrowed money (other than the Obligationsthis Note) which indebtedness has an outstanding principal amount in excess of $150,000,000 750,000 individually or $1,500,000 in the aggregate, aggregate for the Parent Borrower Company and such Restricted Subsidiariesits subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness indebtedness (or a trustee or agent on behalf of such holder or holders) to cause, any such Indebtedness indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder); or (b) without limiting any indebtedness of the provisions Company or any of clause (a) aboveits subsidiaries which has an outstanding principal amount in excess of $750,000 individually or $1,500,000 in the aggregate shall, any such Indebtedness shall in accordance with its terms, be declared to be due and payable, or required to be prepaid other than by a regularly scheduled or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), payment prior to the stated maturity thereof; or;
Appears in 1 contract
Sources: Note Purchase Agreement (Shaman Pharmaceuticals Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries its ------------------------------ Subsidiaries, if any, shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, 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 of the Borrower or any of its Subsidiaries, if any, shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or, provided that it shall not constitute an Event of Default pursuant to this -------- Section
Appears in 1 contract
Sources: Credit Agreement (Unilab Corp /De/)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) Any Credit Party shall default in any the payment with respect to when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the ObligationsLenders under the Loan Documents or Intercompany Indebtedness) in a principal amount in excess of the Dollar Equivalent of $150,000,000 75,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created created, or (ii) a default shall occur in the performance or observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity; maturity or (biii) without limiting the provisions of clause (a) above, any such Indebtedness of the Credit Parties shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment payment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereofthereof provided that clauses (g)(ii) and (iii) shall not apply to secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness; or
Appears in 1 contract
Sources: Credit Agreement (Ball Corp)
Default Under Other Agreements. (a) The Parent Borrower Any Loan Party or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 50,000,000 in the aggregate, for the Parent Borrower MRC and such its Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Loan, Security and Guarantee Agreement (MRC Global Inc.)
Default Under Other Agreements. (a) The Parent Borrower Company or any of the Restricted Subsidiaries Subsidiary shall (i) default in any payment with respect to any Indebtedness for borrowed money (other than the Obligationsthis Note) which Indebtedness has an outstanding principal amount in excess of $150,000,000 75,000 individually or in the aggregate, aggregate for the Parent Borrower and all such Restricted SubsidiariesIndebtedness, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder) and such default shall continue for five days (or to such earlier date as the holder of any other Indebtedness shall declare the same due and payable by reason of such default; or (b) without limiting any Indebtedness of the provisions Company or any Subsidiary which has an outstanding principal amount in excess of clause (a) above, any the $75,000 individually or in the aggregate for all such Indebtedness shall shall, in accordance with its terms, be declared to be due and payable, or required to be prepaid other than by a regularly scheduled or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), payment prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Note Purchase Agreement (Omni Medical Holdings Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, cause any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, the Borrower or any such Indebtedness of their Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $5,000,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, cause any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, the Borrower or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $5,000,000 at any one time; or
Appears in 1 contract
Sources: Credit Agreement (McMS Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries Subsidiary shall (i) default in any payment with respect fail to pay any Indebtedness (other than the Obligationsobligations hereunder) in an amount in excess of $150,000,000 the Threshold Amount when due (subject to any grace period) or default shall occur under one or more indentures, agreements or other instruments under which any Indebtedness of the Borrower or any Subsidiary in an aggregate principal amount in excess of the aggregate, for the Parent Borrower Threshold Amount may be issued or created and such Restricted Subsidiariesfailure to pay or default, beyond the in each case, shall continue for a period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), the effect of which default or other event or condition is to cause, or time sufficient to permit the holder or holders beneficiary of such Indebtedness (or a trustee or agent on behalf therefor to cause the acceleration of such holder or holders) to cause, the maturity of any such Indebtedness to become due prior to its stated maturityor any mandatory unscheduled prepayment, purchase or funding thereof; or (b) without limiting the provisions of provided, that, this clause (ad) aboveshall not apply to any repurchase, any such Indebtedness shall be declared to be due and payableprepayment, defeasance, redemption, conversion or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, settlement with respect to Permitted Convertible Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to its terms, or any event that permits such repurchase, prepayment, defeasance, redemption, conversion or settlement, unless such repurchase, prepayment, defeasance, redemption, conversion or settlement, or such relevant event, results from a default thereunder or an event of the terms type that constitutes an Event of such Hedge Agreements), prior to the stated maturity thereof; orDefault.
Appears in 1 contract
Default Under Other Agreements. (ai) The Parent Borrower or any of the Restricted its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 administrative agent on behalf of such holder or holders) to causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) without limiting the provisions of clause (a) above, any such Indebtedness of Parent or any of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled prepayment or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due pursuant to a termination "due-on-sale" clause in a mortgage or similar security agreement) (unless such required prepayment results from a default thereunder or an event or equivalent event pursuant to of the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 8.04 unless the aggregate outstanding principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $100,000; or
Appears in 1 contract
Sources: Credit Agreement (Gleason Corp /De/)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the ObligationsSpecified Obligations or obligations under Commodity Hedging Agreements) in excess of $150,000,000 25,000,000 in the aggregate, aggregate for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Hedging Agreements, termination events or equivalent events pursuant to the terms of such Hedge Hedging Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Hedging Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Hedging Agreements), prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Credit Agreement (Texas Genco Inc.)
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its ------------------------------ Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, cause any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, Holdings or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided, that it shall not constitute an Event of Default pursuant to -------- clause (a) or (b) of this Section 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $2,500,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Material Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 20,000,000 individually or in the aggregate, for the Parent Borrower and such Restricted its Material Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (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) without limiting Indebtedness of the provisions Borrower or its Material Subsidiaries in excess of clause (a) above, any such Indebtedness $20,000,000 shall be declared to be due and payable, payable other than in accordance with the terms of such Indebtedness or required to be prepaid prepaid, other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower Company, any Designated Subsidiary Account Party, any Regulated Insurance Company or any of the Restricted Subsidiaries Significant Subsidiary shall (i) default in any payment with respect to any Indebtedness (other than any Indebtedness hereunder but including Indebtedness under the ObligationsFour-Year Unsecured Revolving Credit and Letter of Credit Facility) in excess of $150,000,000 100,000,000 individually or in the aggregate, for the Parent Borrower Company and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created its Subsidiaries or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition (other than any such default, event or condition arising solely out of the violation by the Company or any of its Subsidiaries of any covenant or agreement in any way restricting the Company, or any such Subsidiary’s, right or ability to sell, pledge or otherwise dispose of Unrestricted Margin Stock) 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 causecause (with or without the 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) without limiting an “Event of Default”, as defined under the provisions Four-Year Unsecured Revolving Credit and Letter of clause (a) aboveCredit Facility, any such Indebtedness shall have occurred and be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereofcontinuing; or
Appears in 1 contract
Sources: Secured Letter of Credit Facility Agreement (Validus Holdings LTD)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 75,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Credit Agreement (Kinder Morgan Inc)
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) ), in excess of $150,000,000 10,000,000 individually or in the aggregate, for the Parent Borrower Holdings and such Restricted Subsidiariesits Subsidiaries (collectively, "Material Indebtedness"), beyond the period of grace, if any, provided in 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 Material Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Material Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause, cause any such Material Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Material Indebtedness of Holdings or any of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Holdings, the Borrower or any of the Restricted their respective Subsidiaries (excluding any Immaterial Subsidiaries) shall (i) default in any payment with in respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted its Subsidiaries (excluding any Immaterial Subsidiaries, ) beyond the period of grace, if any, provided in the agreement or instrument or agreement under which such Indebtedness was created issued or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 to so cause), any such Indebtedness to become due prior to its stated maturity; maturity or (biii) without limiting the provisions of clause (a) above, any such Indebtedness of Holdings, the Borrower or any such Subsidiary (excluding any Immaterial Subsidiaries) shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof, provided that it shall not constitute an Event of Default under this Section 9.1(d) unless the aggregate amount of all Indebtedness referred to in clauses (i), (ii) and (iii) above exceeds $2,000,000; or
Appears in 1 contract
Sources: Credit Agreement (Acg Holdings Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 30,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Revolving Loan Credit Agreement (McJunkin Red Man Holding Corp)
Default Under Other Agreements. (a) The Parent Borrower Any Loan Party or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 50,000,000 in the aggregate, for the Parent Borrower MRC Global and such its Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Loan, Security and Guarantee Agreement (MRC Global Inc.)
Default Under Other Agreements. (a) The Parent Borrower Company, any Designated Subsidiary Account Party, any Regulated Insurance Company or any material subsidiary of the Restricted Subsidiaries Validus Re shall (i) default in any payment with respect to any Indebtedness (other than any Indebtedness hereunder but including, after the Obligationsexecution and delivery thereof, Indebtedness under the Three-Year Unsecured Letter of Credit Facility) in excess of $150,000,000 50,000,000 individually or in the aggregate, for the Parent Borrower Company and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created its Subsidiaries or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (with or without the giving of notice, the lapse of time or both), any such Indebtedness to become due prior to its stated maturity; or (b) without limiting an "Event of Default", as defined under the provisions Three-Year Unsecured Letter of Credit Facility, shall have occurred and be continuing; or (c) Indebtedness of one or more of the Persons listed in clause (a) above, any such Indebtedness above in excess of $50,000,000 shall be declared to be due and payable, payable or required to be prepaid prepaid, other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Five Year Secured Letter of Credit Facility Agreement (Validus Holdings LTD)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 5,000,000 individually or in the aggregate, for the Parent Borrower and such Restricted its Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (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) without limiting the provisions of clause (a) above, any such Indebtedness of the Borrower or its Subsidiaries shall be declared to be due and payable, payable in accordance with the terms of such Indebtedness or required to be prepaid prepaid, other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; or
Appears in 1 contract
Default Under Other Agreements. (ai) The Parent Borrower Holdings or any of the Restricted its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice of acceleration is required other than, in any case, voluntary prepayments or terminations permitted under this Agreement), any such Indebtedness to become due prior to its stated maturity; maturity (except with respect to secured Indebtedness to the extent the same become due as a result of sale or transfer of the property or assets securing such Indebtedness), or (bii) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, Holdings or any such Indebtedness 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 (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayments permitted by this Agreement, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 11.01(d) unless the aggregate principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $10,000,000; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent SNIG, the Borrower or any of the Restricted their respective Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 1,000,000 individually or in the aggregate, for SNIG, the Parent Borrower and such Restricted their respective Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (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) without limiting the provisions of clause (a) above, any such Indebtedness of SNIG, the Borrower or any of their respective Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Credit Agreement (Superior National Insurance Group Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 12,500,000 in the aggregate, aggregate for the Parent Borrower and such Restricted Subsidiaries, Subsidiaries beyond the period of grace, if any, provided in 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 77 trustee or agent on behalf of such holder or holders) to 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 Indebtedness consisting of any Hedge Agreement) shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Revolving Credit Agreement (Kindercare Learning Centers Inc /De)
Default Under Other Agreements. (ai) The Parent Corporate Guarantor, the Borrower or any of the Restricted their respective Subsidiaries shall (i) default in any payment with respect to of any Financial Indebtedness (other than the Credit Document Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Financial Indebtedness was created or (ii) the Corporate Guarantor, the Borrower or any of their respective Subsidiaries shall default in the observance or performance of any agreement or condition relating to any such Financial Indebtedness (other than the Credit Document Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Financial Indebtedness (or a trustee or agent on behalf of such holder or holders) to causecause (determined without regard to whether any notice is required), any such Financial Indebtedness to become due prior to its stated maturity; , or (biii) without limiting any Financial Indebtedness (other than the provisions Credit Document Obligations) of clause (a) abovethe Corporate Guarantor, the Borrower or any such Indebtedness of their respective Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a in connection with an asset sale, casualty or condemnation or other similar mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof, provided that it shall not be a Default or Event of Default under this Section 9.04 unless the aggregate principal amount of all Financial Indebtedness as described in preceding clauses (i) through (iii), inclusive, exceeds $1,000,000; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations, but including the Trust Preferred Notes) in excess of $150,000,000 2,500,000 individually or in the aggregate, for the Parent Borrower and such Restricted its Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (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) without limiting any Indebtedness of the provisions Borrower or any of its Subsidiaries of the type referred to in clause (a) above, any such Indebtedness above shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Credit Agreement (Superior National Insurance Group Inc)
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturity; maturity or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, Holdings or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; PROVIDED that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 10.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $2,000,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Any Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, cause any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, any such Indebtedness Borrower or any of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (andprepayment, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), in each case prior to the stated maturity thereof, provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 9.04 unless the principal amount of all such Indebtedness referred to in clauses (a) and (b) above equals or exceeds $1,000,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Parent, the Borrower or any of the Restricted Borrower's Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the ObligationsIndebtedness referred to in Section 11.01) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of gracegrace (not to exceed 30 days), if any, provided in 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 such Indebtedness (other than the Indebtedness referred to in Section 11.01) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (biii) without limiting any Indebtedness (other than the provisions Indebtedness referred to in Section 11.01) of clause (a) abovethe Parent, the Borrower or any such Indebtedness of the Borrower's Subsidiaries shall be declared to be due and payable, payable or required to be prepaid or redeemed (other than by a regularly scheduled required prepayment or as a mandatory prepayment (andredemption) purchased or defeased, with respect or an offer to prepay, redeem, purchase or defease such Indebtedness consisting of any Hedge Agreementsshall be required to be made, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)in each case, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to this Section 11.04 unless the aggregate amount of all Indebtedness referred to in the preceding clauses (i) through (iii) above exceeds $500,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, the Borrower or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 10.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $3,500,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturity; maturity or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, Holdings or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 10.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $2,000,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (ai) The Parent Borrower or any of the Restricted Subsidiaries Any Credit Party shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the 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 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 (other thanexist, with respect except for any Indebtedness owed to Indebtedness consisting of a supplier by any Hedge Agreements, termination events Credit Party for goods received or equivalent events pursuant to the terms of such Hedge Agreements)services rendered that is being contested in good faith by appropriate proceedings, 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 causecause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; maturity or (bii) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, any such Indebtedness Credit 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 or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)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 (i) and (ii) is at least $1,000,000 (One Million Dollars); or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the ObligationsLoans and Competitive Bid Loans) in excess of $150,000,000 20,000,000 (or its equivalent in any other currency) individually or in the aggregate, for the Parent Borrower and such Restricted its Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice or lapse of time is required), any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower Company or any of the Restricted Subsidiaries Subsidiary shall (i) default in any payment with respect to any Indebtedness for borrowed money (other than the Obligationsthis Note) which Indebtedness has an outstanding principal amount in excess of $150,000,000 250,000 individually or $750,000 in the aggregate, aggregate for the Parent Borrower and all such Restricted SubsidiariesIndebtedness, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder) and such default shall continue for five days (or to such earlier date as the holder of any other Indebtedness shall declare the same due and payable by reason of such default; or (b) without limiting any Indebtedness of the provisions Company or any Subsidiary which has an outstanding principal amount in excess of clause (a) above, any the $250,000 individually or $750,000 in the aggregate for all such Indebtedness shall shall, in accordance with its terms, be declared to be due and payable, or required to be prepaid other than by a regularly scheduled or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), payment prior to the stated maturity thereof; or;
Appears in 1 contract
Sources: Convertible Note (Insmed Inc)
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its ------------------------------ Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, cause any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, Holdings or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided, that it shall not constitute an Event of Default pursuant to clause -------- (a) or (b) of this Section 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $20,000,000 at any one time; or
Appears in 1 contract
Sources: Credit Agreement (Dade Behring Inc)
Default Under Other Agreements. (ai) The Parent Borrower or any of the Restricted its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice is required or grace period has elapsed), any such Indebtedness to become due prior to its stated maturity; , or (bii) without limiting the provisions of clause (a) above, any such Indebtedness of the Parent or any of its Subsidiaries (other than the Existing Senior Notes) shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled prepayment or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due pursuant to a termination "due-on-sale" clause in a mortgage or similar security agreement) (unless such required prepayment results from a default thereunder or an event or equivalent event pursuant to of the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate outstanding principal amount of all Indebtedness as described in preceding clauses (i) and (ii) is at least $5,000,000; or
Appears in 1 contract
Sources: Credit Agreement (Aearo CO I)
Default Under Other Agreements. (a) The Parent Borrower Company or any of the Restricted Subsidiaries Subsidiary shall (i) default in any payment with respect to any Indebtedness for borrowed money (other than the Obligationsthis Note) which Indebtedness has an outstanding principal amount in excess of $150,000,000 75,000 individually or in the aggregate, aggregate for the Parent Borrower and all such Restricted SubsidiariesIndebtedness, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in any material respect in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder) and such default shall continue for five days (or to such earlier date as the holder of any other Indebtedness shall declare the same due and payable by reason of such default; or (b) without limiting any Indebtedness of the provisions Company or any Subsidiary which has an outstanding principal amount in excess of clause (a) above, any the $75,000 individually or in the aggregate for all such Indebtedness shall shall, in accordance with its terms, be declared to be due and payable, or required to be prepaid other than by a regularly scheduled or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), payment prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Senior Subordinated Secured Note (Direct Insite Corp)
Default Under Other Agreements. (a) The Parent Holdings, the Borrower, the Canadian Borrower or any of the other Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 50,000,000 in the aggregateaggregate (provided that such $50,000,000 minimum shall not apply in the case of any Permitted Debt Exchange Notes), for Holdings, the Parent Borrower, the Canadian Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), 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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Credit Agreement (Visant Corp)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 20,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, 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 Indebtedness consisting of any Hedge Agreement) shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower Company or any of the Restricted Subsidiaries subsidiary shall (i) default in any payment with respect to any Indebtedness indebtedness for borrowed money (other than the Obligationsthis Note) which indebtedness has an outstanding principal amount in excess of $150,000,000 1,000,000 individually or in the aggregate, aggregate for the Parent Borrower Company and such Restricted Subsidiariesits subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness indebtedness (or a trustee or agent on behalf of such holder or holders) to cause, any such Indebtedness indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder); or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall indebtedness of the Company or any of its subsidiaries shall, in accordance with its terms, be declared to be due and payable, or required to be prepaid other than by a regularly scheduled or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), payment prior to the stated maturity thereof; or (c) any Event of Default shall occur and be continuing under the Convertible Note, dated February __, 1997, in the original principal amount of $2,000,000 issued by the Company; or
Appears in 1 contract
Sources: Note Purchase Agreement (International Standards Group Limited)
Default Under Other Agreements. (a) The Parent Borrower the Company or any of the Restricted Subsidiaries subsidiary shall (i) default in any payment with respect to any Indebtedness indebtedness for borrowed money (other than the Obligationsthis Note) which indebtedness has an outstanding principal amount in excess of $150,000,000 10,000,000 individually or $15,000,000 in the aggregate, aggregate for the Parent Borrower Company and such Restricted Subsidiariesits subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness indebtedness (or a trustee or agent on behalf of such holder or holders) to cause, any such Indebtedness indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder); or (b) without limiting any indebtedness of the provisions Company or any of clause (a) aboveits subsidiaries which has an outstanding principal amount in excess of $10,000,000 individually or $15,000,000 in the aggregate shall, any such Indebtedness shall in accordance with its terms, be declared to be due and payable, or required to be prepaid other than by a regularly scheduled or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), payment prior to the stated maturity thereof; or;
Appears in 1 contract
Default Under Other Agreements. (ai) The Parent Borrower or any of the Restricted its Subsidiaries shall (ix) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 100,000,000 individually or in the aggregate, for the Parent Borrower and such Restricted its Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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 causecause (determined without regard to whether any notice of acceleration, or any lapse of time prior to 112 the effectiveness of any notice of acceleration, is required), any such Indebtedness to become due prior to its stated maturity; or (bii) without limiting Indebtedness of the provisions Parent Borrower or its Subsidiaries in excess of clause (a) above, any such Indebtedness $100,000,000 shall be declared to be due and payable, payable other than in accordance with the terms of such Indebtedness or required to be prepaid prepaid, other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower Company or any of the Restricted Subsidiaries ------------------------------ Subsidiary shall (i) default in any payment with respect to any Indebtedness indebtedness for borrowed money (other than the Obligationsthis Note) which indebtedness has an outstanding principal amount in excess of $150,000,000 250,000 individually or $500,000 in the aggregate, aggregate for the Parent Borrower Company and such Restricted its Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness indebtedness (or a trustee or agent on behalf of such holder or holders) to cause, any such Indebtedness indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder); or (b) without limiting any indebtedness of the provisions Company or any of clause (a) aboveits Subsidiaries which has an outstanding principal amount in excess of $750,000 individually or $1,500,000 in the aggregate shall, any such Indebtedness shall in accordance with its terms, be declared to be due and payable, or required to be prepaid other than by a regularly scheduled or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), payment prior to the stated maturity thereof; or;
Appears in 1 contract
Sources: Senior Convertible Note (Napro Biotherapeutics Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted Subsidiaries shall (i) Borrower shall (A) default in the payment of any payment with respect to any Indebtedness indebtedness (other than the ObligationsSecured Debt) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness indebtedness was created created; or (iiB) default in the observance or performance of any agreement or condition relating to any such Indebtedness indebtedness (other than the Secured Debt) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness indebtedness (or a trustee or agent on behalf of such holder or holders) to causecause (determined without regard to whether any notice is required), any such Indebtedness indebtedness to become due prior to its stated maturity; , or (bii) without limiting any indebtedness (other than the provisions Secured Debt) of clause (a) above, any such Indebtedness Borrower shall be declared to be (or shall become) due and payable, or required to be prepaid (other than by (A) a regularly scheduled required prepayment, or (ii) a mandatory (prepayment (unless such required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes and Event of such Hedge AgreementsDefault)), prior to the stated maturity thereof; orprovided, however, that subpart (ii) does not apply to secured indebtedness that becomes due as a result of the voluntary sale or transfer of the property or assets securing such indebtedness, if such sale or transfer is permitted under the documents providing for such indebtedness.
Appears in 1 contract
Sources: Fee and Leasehold Deed of Trust, Security Agreement and Fixture Filing (Lodging Fund REIT III, Inc.)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its ------------------------------- Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 20,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, 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 Indebtedness consisting of any Hedge Agreement) shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Credit Agreement (Borden Chemicals & Plastics Limited Partnership /De/)
Default Under Other Agreements. (a) The Parent Borrower Any Restricted Company or any Material Subsidiary of the Restricted Subsidiaries any Borrower shall (i) default in any payment with respect to any Indebtedness (other than the ObligationsLoans) in excess of $150,000,000 10.0 million individually or $50.0 million in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, aggregate beyond the period of grace, if any, provided in the instrument or agreement under which governing such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness referred to in clause (i) above in excess of the thresholds set forth therein or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)con dition 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, any such Indebtedness to become due prior to its stated maturitymaturity and such default or event or condition shall continue beyond the period of grace, if any, provided in the instrument or agreement governing such Indebtedness (after giving effect to any consent or waiver obtained and then in effect thereunder); or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall referred to in clause (a)(i) above in excess of the thresholds set forth therein shall, in accordance with its terms, be declared to be due and payable, or required to be prepaid other than by a regularly scheduled or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Credit Agreement (Time Warner Inc/)
Default Under Other Agreements. (a) The Parent Any of Holdings, the US Borrower, the UK Borrower or any of the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 30,000,000 in the aggregate, for Holdings, the Parent US Borrower, the UK Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, 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 Indebtedness consisting of any Hedge Agreement) shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, cause any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, Holdings or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $20,000,000 at any one time; or
Appears in 1 contract
Sources: Credit Agreement (Dade Behring Inc)
Default Under Other Agreements. (a1) The Parent Borrower the Guarantor or any of the Restricted Subsidiaries shall (ix) default in any payment with respect to any Indebtedness (other than the ObligationsLiabilities) in excess of $150,000,000 20,000,000 in the aggregate, for the Parent Borrower Guarantor and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturity; or or
(b2) without limiting the provisions of clause CLAUSE (a1) above, any such Indebtedness (other than Indebtedness consisting of any Hedge Agreement) shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 1 contract
Sources: Guaranty (Randalls Food Markets Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of the its Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 7,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturity; (b) default in the payment of any interest due on the Hybrid Capital with an aggregate principal amount in excess of $7,000,000 (provided that a deferral of interest in accordance with terms of the Hybrid Capital shall not be deemed to be a default (so long as no other default under such securities has occurred and is continuing)); or (bc) without limiting the provisions of clause (a) above, any such Indebtedness (other than Indebtedness consisting of any Hedge Agreement) shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements)prepayment, prior to the stated maturity thereof; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower Any Credit Party or any of the Restricted its Subsidiaries shall (i) default in any payment on or with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, any such Indebtedness Credit Party or any of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 9.4 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $350,000 at any one time; or
Appears in 1 contract
Sources: Loan Agreement (Grey Wolf Inc)
Default Under Other Agreements. (a) The Parent Borrower Company or any of the Restricted its Subsidiaries shall (i) default in any payment on or with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)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, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, the Company or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid pre-paid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $350,000 at any one time; or
Appears in 1 contract
Sources: Senior Secured Reducing Revolving Credit Agreement (Di Industries Inc)
Default Under Other Agreements. (a) The Parent Borrower Holdings or any of the Restricted its ------------------------------ Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in 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 or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition is to cause, or to permit per mit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause, cause any such Indebtedness to become due prior to its stated maturity; or (b) without limiting any Indebtedness (other than the provisions Obligations) of clause (a) above, Holdings or any such Indebtedness of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting unless such required prepayment or mandatory prepayment results from a default thereunder or an event of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms type that constitutes an Event of such Hedge AgreementsDefault), prior to the stated maturity thereof; provided, that it shall not constitute an Event of Default pursuant to -------- clause (a) or (b) of this Section 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, exceeds $2,500,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Parent Borrower Company or any of the Restricted Subsidiaries subsidiary shall (i) default in any payment with respect to any Indebtedness indebtedness for borrowed money (other than the Obligationsthis Note) which indebtedness has an outstanding principal amount in excess of $150,000,000 1,000,000 individually or in the aggregate, aggregate for the Parent Borrower Company and such Restricted Subsidiariesits subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness indebtedness (or a trustee or agent on behalf of such holder or holders) to cause, any such Indebtedness indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder); or (b) without limiting the provisions of clause (a) above, any such Indebtedness shall indebtedness of the Company or any of its subsidiaries shall, in accordance with its terms, be declared to be due and payable, or required to be prepaid other than by a regularly scheduled or required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), payment prior to the stated maturity thereof; or (c) any Event of Default shall occur and be continuing under the Convertible Note, dated February , 1997, in the original principal amount of $2,000,000 issued by the Company; or
Appears in 1 contract
Sources: Note Purchase Agreement (International Standards Group Limited)
Default Under Other Agreements. (a) The Parent Borrower or any of the Restricted its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate), for the Parent Borrower and such Restricted Subsidiaries, beyond default shall continue after the period of graceapplicable grace period, if any, provided specified in 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 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 (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements)exist, the effect of which default or other event or condition is to causepermit or, with the giving of notice or to lapse of time (or both), would permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause, cause any such Indebtedness to become due prior to its stated maturitymaturity or to terminate its commitment; or (b) without limiting the provisions of clause (a) above, any such Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreementsredemption), prior to the stated maturity thereof, provided that it shall not constitute an Event of Default pursuant to this Section 8.04 unless the aggregate amount of all Indebtedness referred to in clauses (a) and (b) above exceeds $5,000,000 at any one time; or
Appears in 1 contract