42- 140 ARTICLE VIII EVENTS OF DEFAULT Sample Clauses

42- 140 ARTICLE VIII EVENTS OF DEFAULT. Section 8.01. Events of Default. If any of the following events ("Events of Default") shall occur and be continuing: (a) the Borrower shall fail to pay any principal of any Advance when the same becomes due and payable in accordance with the terms hereof, or shall fail to pay any interest on any such Advance or any fee or other amount to be paid by it hereunder within five days after the same becomes due and payable in accordance with the terms hereof; or (b) any certification, representation or warranty made by the Borrower or the Guarantor herein or by the Borrower or the Guarantor (or any of their respective officers) in writing (including representations and warranties deemed made pursuant to Section 3.02, 3.03 or 3.04) under or in connection with any Credit Document shall prove to have been incorrect in any material respect when made or deemed made; or (c) the Borrower or the Guarantor shall fail to perform or observe (i) any term, covenant or agreement contained in Section 6.02 on its part to be performed or observed and such failure shall continue for three Business Days after the earlier of the date notice thereof shall have been given to the Borrower or the Guarantor by the Agent or any Bank or the date the Borrower or the Guarantor shall have knowledge of such failure, or (ii) any covenant contained in Section 6.05 (other than with respect to maintaining the corporate existence of the Borrower or the Guarantor or maintaining any franchise of the Borrower or the Guarantor which is material to the Borrower's or the Guarantor's business and operations) and such failure shall continue for 30 days after the earlier of the date notice thereof shall have been given to the Borrower or the Guarantor by the Agent or any Bank or the date the Borrower or the Guarantor shall have knowledge of such failure, or (iii) any term (other than a representation and warranty), covenant or agreement contained in any Credit Document (other than a term, covenant or agreement the noncompliance with which would be governed by clauses (i) and (ii) of this paragraph (c)) on its part to be performed or observed; or (d) the Borrower, the Guarantor, or any Restricted Subsidiary shall fail to pay any principal of or premium or interest on any of its Debt which is outstanding in a principal amount of at least $25,000,000 in the aggregate (excluding Debt evidenced by the Notes) when the same becomes due and payable (whether by scheduled maturity, required prepayment, acceleration, ...