Anthracite Sample Clauses

Anthracite or any Borrower shall have (i) defaulted or failed to perform under (A) any BOA Indebtedness or (B) any note, indenture, loan agreement, guaranty, swap agreement or any other contract, agreement or transaction to which it is a party, which default (A) involves the failure to pay matured obligations, in the aggregate, in excess of (x) $10,000,000, if the Tangible Net Worth of Anthracite is less than $400,000,000 or (y) $20,000,000, if the Tangible Net Worth of Anthracite is greater than or equal to $400,000,000 or (B) permits the acceleration of the maturity of the obligations by any other party to, or beneficiary of, such note, indenture, loan agreement, guaranty, swap agreement or other contract agreement or transaction, or (ii) breached any covenant or condition, failed to perform, admitted its inability to perform or stated its intention not to perform its obligations, in each case in respect of any repurchase agreement, reverse repurchase agreement, securities contract or derivative transaction with any party; provided, that any such default, failure to perform or breach shall not constitute an Event of Default hereunder if Anthracite cures such default, failure to perform or breach, as the case may be, within the grace period, if any, provided under the applicable agreement; or
Sample 1
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