Cross-Default Sample Clauses

Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material an event of default under any such other agreement to which Borrower and Holder are parties which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement to which Borrower and Holder are parties which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement agreement, in each case, which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
Cross-Default. A Other than with respect to the obligations set forth on Schedule 4(m) of the Subscription Agreement, a default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period...
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are partiesis a party, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure periodperiod which such default has a Material Adverse Effect, except for late payments to telecommunication providers.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other material agreement to which the Borrower and Holder are parties, or the occurrence of a material an event of default under any such other agreement to which Borrower and Holder are parties which is not cured after any required notice and/or cure periodperiod which, in either case, results in a Material Adverse Effect.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, including but not limited to in connection with the Prior Transaction, or the occurrence of a material event of default under any such other agreement to which Borrower and Holder are parties which is not cured after any required notice and/or cure period.
Cross-Default. A Except as previously disclosed, a default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material an event of default under any such other agreement to which Borrower and Holder are parties which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which (including, and without limitation, those covenants of Borrower set forth in the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement Purchase Agreement) which is not cured after any required notice and/or cure periodperiod provided for therein.
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Cross-Default. A default by the Borrower Company of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder Company or any Subsidiary are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement to which Borrower and Holder are parties which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower The occurrence of a material term, covenant, warranty or undertaking an Event of any Transaction Document or other agreement to which the Borrower and Holder are partiesDefault under, or the occurrence of a material event of default under any such other agreement which is not cured failure, after any required notice and/or cure applicable grace period, on the part of the Borrower, Guarantor or any other party (other than the Lender) to observe, keep or perform any covenant or agreement contained in the Master Loan Agreement or any Loan Document other than this Guaranty.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other third party agreement which is not cured after any required notice and/or cure period.
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Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which if capable of being cured is not cured for a period of ten (10) days after any required written notice and/or cure periodto the Borrower from the Holder.
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Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which which, if capable of cure, is not cured within three (3) business days after any required written notice and/or cure periodto the Borrower from the Holder.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure periodperiod which such default has a Material Adverse Effect.
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Cross-Default. A default The Borrower or any Material Subsidiary (i) fails to make any payment when due (whether by the Borrower of a material termscheduled maturity, covenantrequired prepayment, warranty acceleration, demand, or undertaking otherwise) in respect of any Transaction Document Material Indebtedness, or (ii) fails to observe or perform any other agreement or condition relating to any Material Indebtedness, or any other event occurs, the effect of which default or other agreement event is to which cause or to permit the Borrower and Holder are partiesholder or holders of such Material Indebtedness to cause, or with the giving of notice if required, such Material Indebtedness to become due prior to its stated maturity; provided, however, that an Event of Default under this Section 8.01(e) caused by the occurrence of a material event default with respect to such Material Indebtedness shall be cured for purposes of this Agreement upon the party asserting such default waiving such default or upon the Borrower or such Subsidiary curing such default prior to such party exercising any remedies with respect thereto if, at the time of such waiver or such cure the Administrative Agent has not exercised any rights or remedies with respect to an Event of Default under any such other agreement which is not cured after any required notice and/or cure period.this Section 8.01(e); or
Cross-Default. A default by the Borrower Company of a material term, covenant, warranty or undertaking of any Transaction Document the Security Agreement or other agreement to which the Borrower Company and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
Cross-Default. A default default, that occurs subsequent to the Issue Date, by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement to which Borrower and Holder are parties which is not cured after any required notice and/or cure period. The foregoing prospective limitation of an Event of Default under this section 4.19 to prospective occurrences shall not apply to any other Event of Default under this Note.
Cross-Default. A default by the any Borrower Party of a material any term, covenant, representation, warranty or undertaking of any Transaction Document or other agreement to which the such Borrower and Holder Party is a party or by which any of such Borrower Partys assets are partiesbound, or the occurrence of a material any event or condition under any Indebtedness of any Borrower Party that results in the acceleration of the maturity of or default under any such other agreement which Indebtedness, where such acceleration or default, if capable of remedy, is not cured after any required within the applicable notice and/or or cure period.
Cross-Default. A default by the Borrower first occurring after the date of this Note of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the initial occurrence after the date of this Note of a material event of default under any such other agreement agreement, in each case, which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement Material Contracts which is not cured after any required notice and/or cure periodperiod and could reasonably be expected to have a Material Adverse Effect.
Cross-Default. A default by the Borrower Company of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower Company and Holder are parties, or the occurrence of a material an event of default under any such other agreement to which the Company and Holder are parties which is not cured after any required notice and/or cure period, including without limitation any other agreements or obligations to the Holder or an affiliate thereof.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and any Holder are parties, or the occurrence of a material event of default under any such other third party agreement which is not cured after any required notice and/or cure period.
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Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which (including, and without limitation, those covenants of Borrower set forth in the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement Share Exchange Agreement) which is not cured after any required notice and/or cure period.
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Cross-Default. A An Event of Default (as defined herein and in each of the Holders Warrants, respectively) in any other preferred stock, debenture or Warrant issued by the Company to the Holder pursuant to the Securities Purchase Agreement or any other agreement between the parties currently existing or in the future shall constitute an Event of Default hereunder. In addition, a Cross Default (as defined below) that occurs and remains uncured for a period of twenty (20) days shall constitute an Event of Default, where a CROSS DEFAULT means a breach or default by the Borrower Company of a material term, covenant, warranty or undertaking of any of the Transaction Document Documents (as that term is defined in the Securities Purchase Agreement) or other agreement to which the Borrower Company and Holder are parties, including but not limited to the Certificate of Designation, the Warrants issued pursuant to the Securities Purchase Agreement and the Warrants issued pursuant to other securities purchase agreements related to the sale of Series B Preferred Stock , or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
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Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.material
Appears in 1 contract Secured Note (Force Protection Inc),
Cross-Default. A default by the Borrower Debtor of a material term, covenant, warranty or undertaking of any Transaction Document or other material agreement to which the Borrower Debtor and Holder are parties, or the occurrence of a material an event of default under any such other agreement to which Debtor and Holder are parties which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder the Lender are parties, or agreement made by Borrower in favor of holder, or the occurrence of a material event of any default under any such other agreement which is not cured after any required notice and/or cure periodperiod and which default may materially adversely affect such Borrower's ability to pay this Note or satisfy its liability under any other obligation to the Lender or the occurrence of an "Event of Default" under any such other agreement.
Cross-Default. A default by Borrower acknowledges and agrees that any default, event of default, or breach (however such terms may be defined) after the Borrower of a material term, covenant, warranty or undertaking expiration of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required applicable notice and/or cure periodperiods under the Extended Use Agreement shall be an Event of Default under this Instrument and that any costs, damages or other amounts, including reasonable attorneys fees incurred by the Lender as a result of such an Event of Default by Borrower, including amounts paid to cure any default or event of default, under the Extended Use Agreement shall be an obligation of Borrower and become a part of the Indebtedness secured by this Instrument.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and the Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
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Cross-Default. A An event of default by howsoever described (or any event which with the Borrower giving of a material termnotice, covenantlapse of time, warranty determination of materiality or undertaking fulfilment of any other applicable condition or any combination of the foregoing would constitute such an event of default) occurs under any of the Transaction Document Documents, or under any other agreement to which the Borrower is a party and Holder are parties, or the occurrence of a material such event of default in the sole and reasonable opinion of the Banks may have effect on the financial condition of any of the Borrower or its ability to perform its obligations hereunder or under any such other agreement the Security Documents to which it is not cured after any required notice and/or cure perioda party.
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Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.. CW1194827.1
Appears in 1 contract
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material an event of default under any such other agreement to which Borrower and Holder are parties which is not cured after any required notice and/or cure period. .
Appears in 1 contract Promissory Note (MusclePharm Corp),
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document including but not limited to the Transaction Documents of the Initial Investment or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
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Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material an event of default under any such other agreement to which Borrower and Holder are parties which is not cured after any required notice and/or cure period. 4. 21 Other Note Default. The occurrence of an Event of Default under any Other Note.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are partiesis a party, or the occurrence of a material an event of default under any such other agreement to which Borrower is a party which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other material agreement to which the Borrower and Holder are parties, or the occurrence of a material an event of default under any such other agreement which is not cured after any required notice and/or cure period.
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Cross-Default. A Except as set forth on Schedule 4(q) delivered to Holder in connection with the Loan Agreement, a default by the Borrower to the Holder and/or Alpha Capital Anstalt of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which between the Borrower and/or a Subsidiary and Holder are partiesthe Holder, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period, or except as set forth on Schedule 4(q) delivered to Holder in connection with the Loan Agreement, the occurrence of any event of default (subject to any applicable grace period) as defined in any other instrument evidencing or governing indebtedness for borrowed money in excess of, in the aggregate, $100,000, of Borrower now or hereafter outstanding; or any event or condition which gives any holder or trustee of such indebtedness for borrowed money the right to accelerate its maturity. (No provision of this Note shall be deemed a waiver of any default by Borrower under any other agreement between the Borrower and/or a Subsidiary and the Holder).
Cross-Default. A default by the Borrower to the Holder of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement agreement, which is not cured after any required notice and/or cure period; provided the Holder has exercised its right to declare a default or has accelerated the related obligations under the appropriate agreement.
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Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
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Cross-Default. A default by the Borrower of (i) a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period, or (ii) any of the Other Notes issued pursuant to the Subscription Agreement.
Appears in 1 contract Convertible Note (Boomj Inc),
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, if any, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
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Cross-Default. A An Event of Default (as defined herein and in each of the Holders Warrants, respectively) in any other Debenture or Warrant issued by the Company to the Holder pursuant to the Securities Purchase Agreement or any other agreement between the parties currently existing or in the future shall constitute an Event of Default hereunder. In addition, a Cross Default (as defined below) that occurs and remains uncured for a period of thirty (30) days shall constitute an Event of Default, where a Cross Default means a default by the Borrower Company of a material term, covenant, warranty or undertaking of any of the Transaction Document Documents (as that term is defined in the Purchase Agreement) or other agreement to which the Borrower Company and Holder are parties, including but not limited to the Debentures, the Warrants issued pursuant to the Securities Purchase Agreement and the Warrants issued pursuant to other securities purchase agreements related to the sale of Debentures, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
Appears in 1 contract Convertible Debenture (Siricomm Inc),
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and the Holder of this Note are parties, or the occurrence of a material event of default under any such other agreement to which the Borrower and the Holder of this Note are parties, which is not cured after any required notice and/or cure period.
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Cross-Default. A default default, that occurs subsequent to the Issue Date, by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement to which Borrower and Holder are parties which is not cured after any required notice and/or cure period.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement or the occurrence of an Event of Default in connection with the Prior Offering which is not cured after any required notice and/or cure period.
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Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period. 3.12 Reservation Default. Failure by the Borrower to have reserved for issuance upon conversion of the Note the amount of Common Stock as set forth in this Note and the Note Purchase Agreement.
Cross-Default. A Any breach or default by the of Borrower of a material termoccurs under any document, covenant, warranty instrument or undertaking of any Transaction Document or other agreement to which it is a party or by which it or any of its Property is bound, relating to any Debt (other than the Borrower Loan), if the maturity of or any payment with respect to such Debt may be accelerated or demanded due to such breach, and Holder are parties, such breach or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure periodby Borrower for a period of thirty (30) days.
Cross-Default. A Any "event of default" or any other default which permits a demand for, or requires, the early repayment of obligations due by a Seller Party under any agreement (after the Borrower of a material term, covenant, warranty or undertaking expiration of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default applicable grace period under any such other agreement which is not cured after agreement) relating to any required notice and/or cure period.Indebtedness of a Seller LEGAL02/33574838v9 -20-Party;
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material an event of default under any such other agreement to which Borrower and Holder are parties which is not cured after any required notice and/or cure period. 5. 18 Other Note Default. The occurrence of an Event of Default under any Other Note, other than the Other Secured Notes.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.the
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Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder Lender are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.
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Cross-Default. A default by Borrower acknowledges and agrees that any default, event of default, or breach (however such terms may be defined) after the Borrower of a material term, covenant, warranty or undertaking expiration of any Transaction Document or other agreement to which the Borrower and Holder are parties, or the occurrence of a material event of default under any such other agreement which is not cured after any required applicable notice and/or cure periodperiods under the Extended Use Agreement shall be an Event of Default under this Security Instrument and the Loan Documents and that any costs, damages or other amounts, including reasonable attorneys fees incurred by the Lender as a result of such an Event of Default by Borrower, including amounts paid to cure any default or event of default, under the Extended Use Agreement shall be an obligation of Borrower and become a part of the Indebtedness secured by this Security Instrument and the Loan Agreement.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other material agreement to which the Borrower and Holder are partiesis a party, or the occurrence of a material event of default under any such other agreement to , in each case, which is not cured after any required stated notice and/or cure period.
Cross-Default. A default by With respect to Borrower or Carveout Guarantor, the Borrower occurrence of a material term, covenant, warranty or undertaking the acceleration of any Transaction Document Permitted Indebtedness in the aggregate amount of [*] or other agreement to which the Borrower and Holder are parties, more; or the occurrence of a material event of default or breach under any such other agreement which is Material Contracts not cured after within any required notice and/or cure periodapplicable grace period or the loss or termination of any Proprietary Rights which could have a Material Adverse Effect; or * CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Cross-Default. A default by the Borrower of a material term, covenant, warranty or undertaking of any Transaction Document or other agreement to which the Borrower and Holder are parties, or parties which obligation was not in default on the occurrence of a material event of default under any such other agreement which is not cured after any required notice and/or cure period.date hereof
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Cross-Default. A (a) default by of the Borrower of a material term, covenant, warranty or undertaking obligations of any Transaction Document or Borrower under any other agreement to which the Borrower and Holder are partiesit is a party shall occur which causes a Material Adverse Effect which default is not cured within any applicable grace period, or (b) an Event of Default as defined in and under the occurrence of a material AAP Joint Venture Term Loan Note or any event of default under any such other security agreement which is not cured after any required notice and/or cure period.or guaranty executed in connection therewith;