Cross-Default Sample Clauses

Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partner, singly or in the aggregate, in excess of Ten Million Dollars ($10,000,000), other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.
Cross-Default. Any monetary (a) A default occurs in one or more agreements to which any Loan Party is a party with one or more Persons (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partner, singly or in the aggregate, in excess of Ten Million Dollars ($10,000,000), other than another Loan Party) relative to Funded Debt of such Loan Party involving an aggregate principal amount of $1,000,000 (including undrawn committed or available amounts) or more (other than Indebtedness under the Term Loan Facility) (i) Indebtedness arising from occurs at the purchase final maturity of personal property or the provision of servicesobligations thereunder, the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited occurs prior to the proceeds final maturity thereof and results in a right by such Person(s), irrespective of certain real estate, improvements and related personal property.whether exercised,
Cross-Default. Any monetary Seller, Guarantor or Affiliates thereof shall be in default occurs under (after giving effect to i) the Servicing Facility Documents, (ii) any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General PartnerIndebtedness, singly or in the aggregate, in excess of Ten Million Dollars $1 million of Seller, Guarantor or any Affiliate thereof, including amounts owed under the Servicing Facility Documents, which default ($10,000,000)1) involves the failure to pay a matured obligation, other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower or (ii2) Indebtedness which is non-recourse, i.e., which is not recoverable by permits the creditor thereof from the general assets acceleration of the Borrowermaturity of obligations by any other party to or beneficiary with respect to such Indebtedness, or (iii) any other contract or contracts, in the General Partner aggregate in excess of $1 million to which Seller, Guarantor or any Affiliate thereof is a party which default (1) involves the failure to pay a matured obligation, or (2) permits the acceleration of their Affiliates, but is limited the maturity of obligations by any other party to the proceeds or beneficiary of certain real estate, improvements and related personal propertysuch contract.
Cross-Default. Any monetary default occurs (after giving effect Subject to any applicable cure period) under grace period or waivers then in effect, a default in any other Indebtedness (which includes liability under Guaranties) of Borrower instrument evidencing or the General Partnergoverning indebtedness for borrowed money in excess of, singly or 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. The foregoing shall not apply to trade payables incurred in the ordinary course of business or professional fees. For the purposes of this Agreement, the failure of the Borrower or its wholly-owned subsidiary, Optex Systems, Inc. (Optex) to pay to Timothy Looney or TWL Group, L.P. (collectively, Looney) any of the indebtedness for borrowed money in excess of Ten Million Dollars ($10,000,000), other than 100,000 shall not be deemed to be a cross default unless or until any of the foregoing occur: (i) Indebtedness arising from the purchase of personal property Looney accelerates or the provision of services, the amount of which is being contested by Borrower or collects any obligations owed to Looney; (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by Looney forecloses on any of Looneys security interests in any of the creditor thereof from the general assets of the Borrower, ; or (iii) Looney gives further written notice to Borrower in accordance with the General Partner or terms of any of their Affiliatesthe loan documents between Looney and the Borrower to so accelerate, but is limited to collect or foreclose). No provision of this Note shall be deemed a waiver of any default by Borrower under any other agreement between the proceeds of certain real estate, improvements Borrower and/or a Subsidiary and related personal propertythe Holder.
Cross-Default. Any monetary Borrower (or any Project Company) shall default occurs (after giving effect to for a period beyond any applicable cure periodgrace period (i) in the payment of any principal, interest or other amount due under any agreement (other Indebtedness (which includes liability under Guarantiesthan the Financing Documents) involving the borrowing of Borrower money or the General Partner, singly advance of credit and the outstanding amount or amounts payable under all such agreements equals or exceeds $500,000 in the aggregate, in excess of Ten Million Dollars ($10,000,000), other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recoursein the payment of any amount or performance of any obligation due under any guaranty or other agreement (other than the Financing Documents) if in either case of clauses (i) or (ii), i.e.pursuant to such default, which is not recoverable by the creditor thereof from the general assets holder of the Borrower, obligation concerned exercises its right to accelerate the General Partner maturity of an indebtedness evidenced thereby which equals or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal propertyexceeds $500,000.
Cross-Default. Any monetary default occurs (i) Ultimate Parent, Intermediate Parent, the Borrower or any Material Subsidiary fails to make any payment of principal or interest in respect of any Material Indebtedness, when and as the same shall become due and payable (after giving effect to any applicable cure periodgrace periods), (ii) any event or condition occurs that results in any Material Indebtedness (A) becoming due prior to its scheduled maturity or (B) that enables or permits (after giving effect to any applicable grace periods) the holder or holders of any Material Indebtedness, or any trustee or agent on its or their behalf, to cause any Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity; provided that this subsection (e)(ii) shall not apply to (x) secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness if such secured Indebtedness is paid when due (including the WC Term Loan Credit Agreement) or (y) any change of control offer under the Forest Notes arising in connection with the Acquisition, (iii) any termination event or event of like import occurs under any other Indebtedness (which includes liability under Guaranties) of Borrower Receivables Purchase Facility having a principal amount or the General Partner, singly or in the aggregate, committed amount in excess of Ten Million Dollars $200,000,000, that ($10,000,000)1) terminates, or permits the investors under any Receivables Purchase Facility to terminate, the reinvestment of collections or proceeds of Receivables and Related Security under any Receivables Purchase Document (other than (i) Indebtedness arising a termination resulting solely from the purchase request of personal property or the provision of services, the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner Ultimate Parent or any of their Affiliatesits Subsidiaries) or (2) causes the replacement of, but or permits the investors under any Receivables Purchase Facility to replace, the Person then acting as servicer for such Receivables Purchase Facility, if the Person then acting as servicer is limited a Loan Party or an Affiliate of a Loan Party or (iv) there occurs under any Swap Contract an early termination date resulting from (x) any event of default under such Swap Contract as to which Ultimate Parent, Intermediate Parent, the proceeds of certain real estateBorrower or any Material Subsidiary is the defaulting party thereunder or (y) any termination event under such Swap Contract as to which Ultimate Parent, improvements and related personal property.Intermediate Parent, the Borrower or any Material Subsidiary is an affected party thereunder and, in either event, the Swap Termination Value owed by Ultimate Parent, Intermediate Parent, the Borrower or such Material Subsidiary as a result thereof is greater than $200,000,000;
Cross-Default. Any monetary Seller, Guarantor or any Affiliates thereof shall be in default occurs under (after giving effect to i) any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General PartnerIndebtedness, singly or in the aggregate, in excess of Ten Million Dollars $1.5 million of Seller, Guarantor or any Affiliate thereof, which default ($10,000,000)1) involves the failure to pay a matured obligation, or (2) permits the acceleration of the maturity of obligations by any other than (i) Indebtedness arising from the purchase of personal property party to or the provision of servicesbeneficiary with respect to such Indebtedness, the amount of which is being contested by Borrower or (ii) Indebtedness any other contract or contracts, in the aggregate in excess of $1.5 million to which Seller, Guarantor or any Affiliate thereof is non-recoursea party which default (1) involves the failure to pay a matured obligation, i.e., which is not recoverable by or (2) permits the creditor thereof from the general assets acceleration of the Borrower, the General Partner maturity of obligations by any other party to or any beneficiary of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal propertysuch contract.
Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of the Borrower or the General Partner, singly or in the aggregate, in excess of Ten Fifty Million Dollars ($10,000,00050,000,000), other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by the Borrower or (ii) Indebtedness which is non-non recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.
Cross-Default. Any monetary A default occurs (after giving effect to and is not cured within any applicable grace or cure periodperiod to (i) under any other Indebtedness recourse indebtedness (which includes liability under Guarantiesincluding any guarantees) of Borrower or any Guarantor, provided, that the General Partneraggregate amount outstanding under any such indebtedness is in excess of $5,000,000, singly and the applicable lender or lenders has sent notices of default and acceleration in connection therewith or (ii) any non-recourse indebtedness (including any guarantees) of Borrower or any Guarantor, provided, that the amount outstanding under any such indebtedness is in excess of $25,000,000 in any one instance or $50,000,000.00 in the aggregate, and the applicable lender or lenders has sent notices of default and acceleration in excess connection therewith; provided, however, there shall be no Event of Ten Million Dollars ($10,000,000), other than (iDefault with respect to any default arising under this Section 8.01(e) Indebtedness arising from during any period during which the purchase of personal property applicable lender or the provision of services, the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of lenders forbear exercising their Affiliates, but is limited rights and remedies with respect to the proceeds of certain real estate, improvements and related personal property.applicable default; or
Cross-Default. Any monetary Borrower shall default occurs (after giving effect to for a period beyond any applicable grace or cure periodperiod (i) in the payment of any principal, interest or other amount due under any agreement (other Indebtedness (which includes liability under Guarantiesthan the Financing Documents and the Project Documents) involving the borrowing of Borrower money or the General Partner, singly advance of credit if the indebtedness evidenced thereby equals or exceeds One Hundred Thousand Dollars ($100,000) (a "Material Debt Agreement") in the aggregate, in excess of Ten Million Dollars ($10,000,000), other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower or (ii) Indebtedness in the performance of any other obligation due under any Material Debt Agreement the effect of which default is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal propertycause such Material Debt Agreement to become due prior to its stated maturity.
Cross-Default. (i) Any monetary default occurs (after giving effect to any applicable cure period) under in the payment of the principal of, or interest or premium on, any other Indebtedness (which includes liability under Guaranties) Debt of either Borrower or the General Partner, singly or in the aggregate, and its Subsidiaries aggregating in excess of Ten Million Dollars $3,000,000 as and when due and payable ($10,000,000)whether by lapse of time, other than (ideclaration, call for redemption or otherwise) Indebtedness arising from and the purchase continuation of personal property or such default beyond the provision period of servicesgrace, the amount of which is being contested by Borrower if any, allowed with respect thereto, or (ii) Indebtedness any default (other than a payment default) under any mortgages, agreements or other instruments of either Borrower and its Subsidiaries under or pursuant to which Debt aggregating in excess of $3,000,000 is non-recourseissued and the continuation of such default beyond the period of grace, i.e.if any, which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.allowed with respect thereto;
Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General PartnerAffiliates thereof shall be in default under (i) any Indebtedness, singly or in the aggregate, in excess of Ten Million Dollars $1,500,000 of Borrower or any Affiliate thereof which default ($10,000,000)1) involves the failure to pay a matured obligation, or (2) permits the acceleration of the maturity of obligations by any other than (i) Indebtedness arising from the purchase of personal property party to or the provision of servicesbeneficiary with respect to such Indebtedness, the amount of which is being contested by Borrower or (ii) Indebtedness any other contract or contracts, in the aggregate in excess of $1,500,000 to which Borrower or any Affiliate thereof is non-recoursea party which default (1) involves the failure to pay a matured obligation, i.e., which is not recoverable by or (2) permits the creditor thereof from the general assets acceleration of the Borrower, the General Partner maturity of obligations by any other party to or any beneficiary of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal propertysuch contract.
Cross-Default. Any monetary The Borrower or any of its Material Subsidiaries shall (i) default occurs (after giving effect to in any applicable cure period) under payment of principal of or interest on any other Indebtedness (which includes liability under Guarantiesother than the Loans) of Borrower or the General Partner, singly or in the aggregate, in excess payment of Ten Million Dollars ($10,000,000), other than (i) Indebtedness arising from the purchase of personal property or the provision of servicesany Contingent Obligation, the aggregate principal amount of which is being contested by Borrower exceeds $75,000,000, beyond the period of grace (not to exceed 30 days), if any, provided in the instrument or (ii) agreement under which such Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.Contingent Obligation was created; or
Cross-Default. Any monetary Seller, any Guarantor or any Affiliates thereof shall be in default occurs under (after giving effect to i) any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General PartnerIndebtedness, singly or in the aggregate, in excess of Ten Million Dollars $1.5 million of Seller, any Guarantor or any Affiliate thereof, which default ($10,000,000)1) involves the failure to pay a matured obligation, or (2) permits the acceleration of the maturity of obligations by any other than (i) Indebtedness arising from the purchase of personal property party to or the provision of servicesbeneficiary with respect to such Indebtedness, the amount of which is being contested by Borrower or (ii) Indebtedness any other contract or contracts, in the aggregate in excess of $1.5 million to which Seller, any Guarantor or any Affiliate thereof is non-recoursea party which default (1) involves the failure to pay a matured obligation, i.e., which is not recoverable by or (2) permits the creditor thereof from the general assets acceleration of the Borrower, the General Partner maturity of obligations by any other party to or any beneficiary of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal propertysuch contract.
Cross-Default. Any monetary An event of default occurs and is continuing in respect of the Guarantor (after giving effect to any applicable cure notice requirement or grace period) under one or more agreements or instruments relating to the Financial Indebtedness of the Guarantor (disregarding any Financial Indebtedness pursuant to any loans entered into between the Guarantor and any other member of the Group) where the aggregate principal amount of such Financial Indebtedness is equal to or greater than twenty five million dollars (which includes liability under Guaranties$25,000,000) of Borrower or the General Partner, singly or in the aggregate(Relevant Indebtedness), in excess respect of Ten Million Dollars which the relevant creditor has recourse to the assets of the Guarantor generally in ($10,000,000)disregarding any recourse which is limited to particular assets, other than the purchase of which was financed or re-financed by such Relevant Indebtedness) and in respect of which either (i) the Relevant Indebtedness arising from the purchase of personal property has become due and payable under such agreements or the provision of servicesinstruments before it would otherwise have been due and payable, the amount of which is being contested by Borrower or (ii) the Relevant Indebtedness which is non-recourse, i.e., which is not recoverable by was already or became due and payable as at the creditor thereof from the general assets date of the Borrower, the General Partner or any such event of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal propertydefault.
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Cross-Default. Any monetary default occurs It shall be an Event of Default under the Agreement with Counterparty as the Defaulting Party if Counterparty defaults (i) in any scheduled payment of principal of any indebtedness of Counterparty or of any of its subsidiaries (other than the Convertible Securities and other than non-recourse indebtedness), aggregating more than $25.0 million in principal amount, when due and payable after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partner, singly or in the aggregate, in excess of Ten Million Dollars ($10,000,000), other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower grace period or (ii) Indebtedness which is in the performance of any other term or provision of any indebtedness of Counterparty or of any of its subsidiaries (other than the Convertible Securities and other than non-recourserecourse indebtedness) in excess of $25.0 million principal amount that results in such indebtedness becoming or being declared due and payable before the date on which it would otherwise become due and payable, i.e., which and such acceleration is not recoverable rescinded or annulled, or such indebtedness is not discharged, within a period of 5 days after there has been given, by the creditor thereof from the general assets registered or certified mail, to Counterparty by Dealer, a written notice specifying such default or defaults and stating that such notice is a Notice of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements Default and related personal propertyreferencing this Confirmation.
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Cross-Default. Any monetary Seller, Guarantor or any of their Affiliates shall be in default occurs under (after giving effect to i) any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General PartnerIndebtedness, singly or in the aggregate, in excess of Ten Million Dollars $1,000,000 of Seller or of such Affiliate which default ($10,000,000)1) involves the failure to pay (subject to any applicable cure period) a matured obligation, or (2) permits the acceleration of the maturity of such Indebtedness by any other than (i) Indebtedness arising from the purchase of personal property party to or the provision of servicesbeneficiary with respect to such Indebtedness, the amount of which is being contested by Borrower or (ii) Indebtedness any other contract or contracts (excluding any Non-Recourse Debt), in the aggregate in excess of $2,500,000 to which Seller, Guarantor or such Affiliate is non-recoursea party which default (1) involves the failure by Seller, i.e.Guarantor or such Affiliate to pay (subject to any applicable cure period) a matured obligation, which is not recoverable by or (2) permits the creditor thereof from the general assets acceleration of the Borrowermaturity of obligations of Seller, the General Partner Guarantor or such Affiliate by any other party to or beneficiary of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal propertysuch contract.
Cross-Default. Any monetary default occurs (after giving effect to The holder of any applicable cure period) under Indebtedness accelerates the payment of such Indebtedness for any other Indebtedness (which includes liability under Guaranties) of Borrower reason or the General Partner, singly or Makers default in the aggregate, payment of any Indebtedness with an unpaid principal amount in excess of Ten Million Dollars ($10,000,000)50,000, other than and such default remains unremedied beyond the applicable grace period therefor, regardless of whether (i) Indebtedness arising from such default is waived by the purchase of personal property or the provision of servicesobligee, the amount of which is being contested by Borrower or (ii) payment of any Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the BorrowerMakers is accelerated, (iii) the General Partner right of the Makers to borrow money is suspended as a result of any such default, or (iv) any action to enforce payment of their Affiliates, but any Indebtedness is limited commenced against the Makers or with respect to the proceeds of certain real estate, improvements and related personal propertyany collateral securing such Indebtedness.
Cross-Default. Any monetary default occurs (i) Ultimate Parent, Intermediate Parent, the Borrower or any Material Subsidiary fails to make any payment of principal or interest in respect of any Material Indebtedness, when and as the same shall become due and payable (after giving effect to any applicable cure periodgrace periods), (ii) any event or condition occurs that (A) results in any Material Indebtedness becoming due prior to its scheduled maturity or (B) enables or permits (after giving effect to any applicable grace periods) the holder or holders of any Material Indebtedness, or any trustee or agent on its or their behalf, to cause any Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity, provided that this subsection (e)(ii) shall not apply to (x) secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness if such secured Indebtedness is paid when due, (y) any change of control offer under the Forest Notes arising in connection with the Acquisition or (z) any repayment, satisfaction and discharge or redemption of any Allergan Acquisition Indebtedness if the Allergan Acquisition is not consummated, (iii) any termination event or event of like import occurs under any other Indebtedness (which includes liability under Guaranties) of Borrower Receivables Purchase Facility having a principal amount or the General Partner, singly or in the aggregate, committed amount in excess of Ten Million Dollars $300,000,000, that ($10,000,000)x) terminates, or permits the investors under any Receivables Purchase Facility to terminate, the reinvestment of collections or proceeds of Receivables and Related Security under any Receivables Purchase Document (other than (i) Indebtedness arising a termination resulting solely from the purchase request of personal property or the provision of services, the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner Ultimate Parent or any of their Affiliatesits Subsidiaries) or (y) causes the replacement of, but or permits the investors under any Receivables Purchase Facility to replace, the Person then acting as servicer for such Receivables Purchase Facility, if the Person then acting as servicer is limited a Loan Party or an Affiliate of a Loan Party or (iv) there occurs under any Swap Contract an early termination date resulting from (x) any event of default under such Swap Contract as to which Ultimate Parent, Intermediate Parent, the proceeds of certain real estateBorrower or any Material Subsidiary is the defaulting party thereunder or (y) any termination event under such Swap Contract as to which Ultimate Parent, improvements and related personal property.Intermediate Parent, the Borrower or any Material Subsidiary is an affected party thereunder and, in either event, the Swap Termination Value owed by Ultimate Parent, Intermediate Parent, the Borrower or such Material Subsidiary as a result thereof is greater than $300,000,000;
Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of the Borrower or the General Partner, singly or in the aggregate, in excess of Ten Seventy-Five Million Dollars ($10,000,00075,000,000), other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by the Borrower or (ii) Indebtedness which is non-non recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.
Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partner, singly or in the aggregate, in excess of Ten Million Dollars ($10,000,000), other than (i) Indebtedness arising from The Parent or any of its Subsidiaries shall fail to pay any principal of or premium or interest on any of its Debt when the purchase same becomes due and payable (whether at scheduled maturity, required prepayment, acceleration, demand or otherwise), provided that the aggregate principal amount of personal property all such Debt (other than any Debt created hereunder) is at least $15,000,000 (or the provision of servicesequivalent in any other currency), the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner Parent or any of its Subsidiaries shall fail to comply with any of its covenants or agreements under any agreement or instrument relating to any of its Debt and such failure enables or permits the holder or holders of such Debt, or any trustee or agent on its or their Affiliatesbehalf, but without the lapse of any further grace periods (any applicable grace periods having expired), to cause such Debt to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity, provided that the aggregate principal amount of all such Debt (other than any Debt created hereunder) is limited at least $15,000,000 (or the equivalent in any other currency) and (iii) any Debt of the Parent or any of its Subsidiaries shall be declared to be due and payable prior to the proceeds stated maturity thereof, provided that (A) the aggregate principal amount of certain real estateall such Debt (other than any Debt created hereunder) is at least $15,000,000 (or the equivalent in any other currency) and (B) this clause (iii) shall not apply to (x) secured Debt that becomes due as a result of the voluntary sale or transfer of the assets securing such Debt, improvements or the occurrence of any other event or condition (other than an event of default, however denominated) that requires a prepayment, repurchase, redemption or defeasance of any Debt pursuant to the terms of the agreements and related personal property.instruments relating to such Debt as in effect prior to the occurrence of such event or condition, or (y) any Debt becoming due as a result of a refinancing, extension, renewal or replacement thereof permitted under Section 6.02;
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Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of the Borrower or the General Partner, singly or in the aggregate, in excess of Ten Fifty Million Dollars ($10,000,00050,000,000), other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by the Borrower or (ii) Indebtedness which is non-"non recourse", i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.
Cross-Default. Any monetary If any Company or Obligor shall default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partner, singly or in the aggregate, payment in an amount in excess of Ten Two Million Five Hundred Thousand Dollars ($2,500,000) of principal, interest or fees due and owing upon any other obligation for borrowed money (other than any of the Debt) in excess, for all such obligations for all such Companies and Obligors, of the greater of (i) Twenty Million Dollars ($10,000,000), other than (i20,000,000) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower or and (ii) Indebtedness an amount equal to two percent (2%) of Consolidated Total Assets beyond any period of grace provided with respect thereto, or in the performance or observance of any other agreement, term or condition contained in any agreement under which such obligation is non-recoursecreated beyond any period of grace provided with respect thereto, i.e., which if the effect of such default is not recoverable by to allow the creditor thereof from the general assets acceleration of the Borrower, maturity of such Indebtedness or to permit the General Partner or any of their Affiliates, but is limited holder thereof to the proceeds of certain real estate, improvements and related personal propertycause such Indebtedness to become due prior to its stated maturity.
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Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partner, singly or in the aggregate, in excess of Ten Million Dollars ($10,000,000), other than (i) Indebtedness arising from the purchase Parent or any of personal property its Subsidiaries shall fail to pay any principal of or premium or interest on any of its Debt when the same becomes due and payable (whether at scheduled maturity, required prepayment, acceleration, demand or otherwise), provided that the aggregate principal amount of all such Debt (other than any Debt created hereunder) is at least $15,000,000 (or the provision of servicesequivalent in any other currency), the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner Parent or any of its Subsidiaries shall fail to comply with any of its covenants or agreements under any agreement or instrument relating to any of its Debt and such failure enables or permits the holder or holders of such Debt, or any trustee or agent on its or their Affiliatesbehalf, but without the lapse of any further grace periods (any applicable grace periods having expired), to cause such Debt to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity, provided that the aggregate principal amount of all such Debt (other than any Debt created hereunder) is limited at least $15,000,000 (or the equivalent in any other currency) and (iii) any Debt of the Parent or any of its Subsidiaries shall be declared to be due and payable prior to the proceeds stated maturity thereof, provided that (A) the aggregate principal amount of certain real estateall such Debt (other than any Debt created hereunder) is at least $15,000,000 (or the equivalent in any other currency) and (B) this clause (iii) shall not apply to (x) secured Debt that becomes due as a result of the voluntary sale or transfer of the assets securing such Debt, improvements or the occurrence of any other event or condition (other than an event of default, however denominated) that requires a prepayment, repurchase, redemption or defeasance of any Debt pursuant to the terms of the agreements and related personal property.instruments relating to such Debt as in effect prior to the occurrence of such event or condition, or (y) any Debt becoming due as a result of a refinancing, extension, renewal or replacement thereof permitted under Section 6.02;
Cross-Default. Any monetary default occurs (If Holdings or any Subsidiary, after giving effect to any applicable cure periodnotice or grace period or both, (i) under defaults in the payment of any principal or interest due and owing upon any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partner, singly or Indebtednesses in the aggregate, aggregate principal amount in excess of Ten Million Dollars an amount equal to three percent ($10,000,000)3%) of Consolidated Net Worth at such time, other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower or (ii) defaults in the performance of any other agreement, term or condition contained in any promissory note, agreement or other instrument under which such Indebtedness or Indebtednesses, in aggregate principal amount in excess of an amount equal to three percent (3%) of Consolidated Net Worth at such time, are evidenced, created, constituted, secured or governed, and by reason of such default the holder or holders of such Indebtedness or Indebtednesses have accelerated the maturity thereof, or (iii) defaults in the performance of any other agreement, term or condition contained in any promissory note, agreement or other instrument under which Indebtedness or Indebtednesses, in an aggregate principal amount in excess of $100,000,000, are evidenced, created, constituted, secured or governed, in each case the effect of which default is non-recourseto cause, i.e.or to entitle or permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause, which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited such Indebtedness to the proceeds of certain real estate, improvements and related personal propertybecome due prior to its stated maturity.
Cross-Default. (a) Any monetary default occurs of the Parent or any of its Subsidiaries shall fail to pay any principal of or premium or interest on any of its Debt or any amounts owing by it under any Hedging Agreement when the same becomes due and payable (after giving effect whether at scheduled maturity, required prepayment, acceleration, demand or otherwise), provided that the aggregate principal amount of all such Debt (other than any Debt created hereunder) and all amounts owed under such Hedging Agreements is at least $15,000,000 (or the equivalent in any other currency and based on the Swap Termination Value thereof in the case of a Hedging Agreement), (b) any of the Parent or any of its Subsidiaries shall fail to comply with any of its covenants or agreements under any agreement or instrument relating to any applicable cure period) of its Debt or under any other Indebtedness (which includes liability under Guaranties) Hedging Agreement and such failure enables or permits the holder or holders of Borrower such Debt or the General Partnercounterparty under such Hedging Agreement, singly or any trustee or agent on its or their behalf, without the lapse of any further grace periods (any applicable grace periods having expired), to cause such Debt or amounts owed under such Hedging Agreement to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity, provided that the aggregate principal amount of all such Debt (other than any Debt created hereunder) and all such amounts under Hedging Agreements is at least $15,000,000 (or the equivalent in any other currency and based on the Swap Termination Value thereof in the aggregatecase of a Hedging Agreement) or (c) any Debt of the Parent or any of its Subsidiaries or any amounts owing by the Parent or any of its Subsidiaries under any Hedging Agreement shall be declared to be due and payable prior to the stated maturity thereof, in excess of Ten Million Dollars ($10,000,000), other than provided that (i) Indebtedness arising from the purchase aggregate principal amount of personal property all such Debt (other than any Debt created hereunder) and all amounts owed under such Hedging Agreements is at least $15,000,000 (or the provision equivalent in any other currency and based on the Swap Termination Value thereof in the case of services, the amount of which is being contested by Borrower or a Hedging Agreement) and (ii) Indebtedness which is non-recourse, i.e., which is this clause (c) shall not recoverable by the creditor thereof from the general assets apply to (A) secured Debt that becomes due as a result of the Borrowervoluntary sale or transfer of the assets securing such Debt, or the General Partner occurrence of any other event or condition (other than an event of default, however denominated) that requires a prepayment, repurchase, redemption, defeasance or termination of any of their Affiliates, but is limited Debt or Hedging Agreement pursuant to the proceeds terms of certain real estatethe agreements and instruments relating to such Debt as in effect prior to the occurrence of such event or condition, improvements and related personal property.or (B) any Debt becoming due as a result of a refinancing, extension, renewal or replacement thereof permitted under Section 10.2.2;
Cross-Default. Any monetary A default occurs by any Borrower, or any Subsidiary of any Borrower, has occurred and is continuing due to failure to make any payment when due (after giving effect beyond the applicable grace period with respect thereto, if any) with respect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partnerwhich, singly individually or in the aggregate, in excess of Ten exceeds Five Million Dollars ($10,000,0005,000,000), other than any Borrower or Subsidiary shall have notice or actual knowledge of such default, and either (i) the holder(s) of such Indebtedness arising from have exercised remedies against the purchase of personal property obligor (including limiting borrowings or the provision of services, the amount of which is being contested by advances) or have caused any Borrower or Subsidiary to retain or employ a restructuring or crisis manager or specialist (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner other than Interpools independent public accountants or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.financial
Appears in 1 contract Security Agreement (Seacastle Inc.),
Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) or event of default under any other recourse Indebtedness (which includes liability under Guaranties) of Borrower or Guarantor (excluding, however, any recourse for carve-out liabilities and other contingent liabilities, except to the General Partner, singly extent a claim or demand is made under any such carve-out liabilities or contingent liabilities which could reasonably be expected to result in the aggregate, liability in excess of Ten Million Dollars ($10,000,000), other than the Threshold Amount) in excess of the lesser of (i) Indebtedness arising from the purchase 10% of personal property or the provision of servicesConsolidated Group Total Asset Value, the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.Threshold Amount;
Cross-Default. Any monetary default occurs If the Borrower and/or any Subsidiary defaults (after giving effect a) in any payment of principal or interest due and owing upon any Indebtedness (other than the Debt and/or any Intercompany Loans) in excess of Five Million Dollars ($5,000,000) (whether due and owing by scheduled maturity, required prepayment, acceleration, demand or otherwise), (b) in the case of the Borrower, in the payment of any Indebtedness or other obligation permitted to be outstanding or incurred pursuant to Section 8.04, 8.05 or 8.07 hereof (other than the Debt and/or any Intercompany Loans) in excess of Five Million Dollars ($5,000,000), beyond the expiration of any applicable grace or cure periodperiod provided with respect thereto or (c) under in the performance of any other agreement, term or condition contained in any agreement under which any Indebtedness of the type described in clause (which includes liability under Guarantiesa) or (b) of this Section 10.04 is created, if the effect of such default under this clause (c) is to accelerate the maturity of the related Indebtedness or to permit the holder thereof to cause such Indebtedness to become due, or to cause the same to be repurchased or redeemed, prior to its stated maturity or to foreclose on any Lien on property of the Borrower securing the same, except that defaults in payment or performance of non-recourse obligations of the Borrower or the General Partnerany Subsidiary shall not constitute Events of Default under this Section 10.04 unless such defaults, singly individually or in the aggregate, (x) have a Material Adverse Effect or (y) involve non-recourse Indebtedness in principal amount in excess of Ten Million Dollars twenty percent ($10,000,000), other than (i20%) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower or (ii) Indebtedness which is all non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets recourse Indebtedness of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements Borrower and related personal propertyits Subsidiaries.
Cross-Default. (i) Any monetary default occurs Loan Party or any Subsidiary (after giving effect A) fails to make any applicable cure periodpayment when due (whether by scheduled maturity, required prepayment, acceleration, demand, or otherwise) in respect of any Indebtedness that is Recourse Debt or any Guarantee of any such Recourse Debt (in either case, other than the Obligations and Indebtedness under Swap Contracts) having an aggregate outstanding principal amount (including undrawn committed or available amounts and including amounts owing to all creditors under any other Indebtedness (which includes liability under Guarantiescombined or syndicated credit arrangement) of Borrower or the General Partner, singly or in the aggregate, in excess of Ten more than Fifty Million Dollars ($10,000,000)50,000,000) and such failure is not waived and continues beyond any cure period as may be specifically noted therein, or (B) fails to observe or perform any other than (i) Indebtedness arising from the purchase of personal property material agreement or the provision of servicescondition relating to any such Recourse Debt or Guarantee or contained in any instrument or agreement evidencing, the amount of which securing or relating thereto, or any other event occurs, in each case that is not waived, continues beyond any cure period and results in such Recourse Debt or Guarantee becoming or being contested by Borrower or declared immediately due and payable; (ii) Any Loan Party or any Subsidiary (A) fails to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand, or otherwise) in respect of any Indebtedness which that is nonNon-recourse, i.e., which Recourse Debt or any Guarantee of any such Non-Recourse Debt having an aggregate outstanding principal amount (including undrawn committed or available amounts and including amounts owing to all creditors under any combined or syndicated credit arrangement) of more than One Hundred Twenty-Five Million Dollars ($125,000,000) and such failure is not recoverable waived and continues beyond any cure period as may be specifically noted therein; provided, that the failure to pay any such Non-Recourse Debt when due shall not constitute an Event of Default (and such Non-Recourse Debt shall be excluded from the applicable aggregate limit referred to above) so long as the only default by the creditor thereof from Loan Party or Subsidiary is the general assets failure to pay such Non-Recourse Debt when due on its scheduled maturity date and the Loan Party or Subsidiary is actively pursuing the extension or refinancing of such Non-Recourse Debt and the Borrowerholder of such Non-Recourse Debt has not initiated a foreclosure of its Lien or proceedings to have a receiver appointed for the collateral securing such Non-Recourse Debt, except that (x) the General Partner or any deferral under this clause (ii)(A) shall not extend for more than ninety (90) days after the maturity date of their Affiliatessuch Non-Recourse Debt, but is limited subject to extension of such deferral period for an additional thirty (30) days if prior to the proceeds expiration of certain real estate, improvements and related personal property.such initial 90 day period the Borrower has provided to the Administrative Agent
Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partner, singly or in the aggregate, in excess of Ten Million Dollars ($10,000,000), other than (i) The Borrower or any Material Subsidiary (or any two or more Subsidiaries that, if combined, would constitute a Material Subsidiary) (A) fails to make any payment when due and payable (whether by scheduled maturity, required prepayment, tender, put, acceleration, demand, or otherwise) of any principal of or interest on any Indebtedness arising from (other than Indebtedness hereunder and Indebtedness under Swap Contracts) in an aggregate principal amount which exceeds the purchase Threshold Amount and such failure continues after the passing of personal property or the provision of services, applicable notice and grace periods (other than such Indebtedness the amount validity of which is being contested in good faith, by appropriate proceedings (if necessary) and for which adequate reserves with respect thereto are maintained on the books of such Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.or
Cross-Default. Any monetary default occurs If the Borrower and/or any Subsidiary defaults (after giving effect a) in any payment of principal or interest due and owing upon any Indebtedness (other than the Debt) in excess of Five Million Dollars ($5,000,000) (whether due and owing by scheduled maturity, required prepayment, acceleration, demand or otherwise), (b) in the case of the Borrower, in the payment or performance of any obligation permitted to be outstanding or incurred pursuant to Section 8.04 or 8.05, 8.06(b), or 8.07 hereof in excess of Five Million Dollars ($5,000,000), beyond any applicable cure periodperiod of grace provided with respect thereto or (c) under in the performance of any other agreement, term or condition contained in any agreement under which any such obligation is created, if the effect of such default under this clause (c) is to accelerate the maturity of the related Indebtedness (which includes liability under Guaranties) or to permit the holder thereof to cause such Indebtedness to become due, or to cause the same to be repurchased or redeemed, prior to its stated maturity or to foreclose on any Lien on property of the Borrower securing the same, except that defaults in payment or performance of non-recourse obligations of the Borrower or the General Partnerany Subsidiary shall not constitute Events of Default under this Section 10.04 unless such defaults, singly individually or in the aggregate, (x) have a Material Adverse Effect or (y) involve non-recourse Indebtedness in principal amount in excess of Ten Million Dollars twenty percent ($10,000,000), other than (i20%) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower or (ii) Indebtedness which is all non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets recourse Indebtedness of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements Borrower and related personal propertyits Subsidiaries.
Cross-Default. Any monetary default occurs If the Borrower and/or any Subsidiary defaults (after giving effect a) in any payment of principal or interest due and owing upon any Indebtedness (other than the Debt) in excess of Five Million Dollars ($5,000,000) (whether due and owing by scheduled maturity, required prepayment, acceleration, demand or otherwise), (b) in the case of the Borrower, in the payment or performance of any obligation permitted to be outstanding or incurred pursuant to Section 8.04 or 8.05, 8.06(b), or 8.07 hereof in excess of Five Million Dollars ($5,000,000), beyond any applicable cure periodperiod of grace provided with respect thereto or (c) under in the performance of any other agreement, term or condition contained in any agreement under which any such obligation is created, if the effect of such default under this clause (c) is to accelerate the maturity of the related Indebtedness (which includes liability under Guaranties) or to permit the holder thereof to cause such Indebtedness to become due, or to cause the same to be repurchased or redeemed, prior to its stated maturity or to foreclose on any Lien on property of the Borrower securing the same, except that defaults in payment or performance of non-recourse obligations of the Borrower or the General Partnerany Subsidiary shall not constitute Events of Default under this Section 10.04 unless such defaults, singly individually or in the aggregate, (x) have a Material Adverse Effect or (y) involve non- recourse Indebtedness in principal amount in excess of Ten Million Dollars twenty percent ($10,000,000), other than (i20%) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower or (ii) Indebtedness which is all non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets recourse Indebtedness of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements Borrower and related personal propertyits Subsidiaries.
Cross-Default. Any monetary If there is (a) a default occurs (that, after giving effect to expiration of any applicable cure grace period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partner, singly or in the aggregate, continues for a period in excess of Ten Million Dollars (seven Business Days after Exide Spain or any Loan Party obtains notice or knowledge thereof) under one or more agreements to which Exide Spain is a party with one or more third Persons relating to Exide Spains Indebtedness involving an aggregate principal outstanding amount of $10,000,000), other than 10,000,000 or more and such default (i) Indebtedness arising from occurs at the purchase final maturity of personal property or the provision of services, the amount of which is being contested by Borrower obligations thereunder or (ii) Indebtedness which is non-recourseresults in a right by such third Person, i.e.irrespective of whether exercised, which is not recoverable by to accelerate the creditor thereof from the general assets maturity of Exide Spains obligations thereunder or (b) subject to Section 5.11, an acceleration of the Borrower, the General Partner final maturity of other Indebtedness of any Loan Party or any Restricted Subsidiary involving an aggregate principal outstanding amount of their Affiliates$15,000,000 or more (excluding any prepetition Indebtedness of the Company) and, but in the case of any such Indebtedness that is limited an uncommitted line of credit, uncommitted working capital facility or similar Indebtedness that is terminable without cause prior to the proceeds final maturity at the option of certain real estatethe holder thereof, improvements such Indebtedness shall not have been repaid within seven Business Days of such acceleration; provided that Section 8.7(a) and related personal property(b) shall not apply to (x) secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness or (y) defaults as a result of the commencement of the Case.
Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of The Borrower or the General Partnerany of its Subsidiaries shall be in default relating to Debt (other than Debt evidenced by this Agreement) which is outstanding in excess of a principal amount of $15,000,000, singly individually or in the aggregate, in excess and such default shall continue beyond any and all applicable grace, cure and notice periods relating to such Debt (as such periods may be extended with the approval of Ten Million Dollars ($10,000,000), other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable applicable counterparties to such Debt and by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal propertyRequired Lenders).
Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of the Borrower or the General Partner, singly or in the aggregate, in excess of Ten Twenty-Five Million Dollars ($10,000,00025,000,000), other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by the Borrower or (ii) Indebtedness which is non-non recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.
Cross-Default. (i) Any monetary default occurs (after giving effect Loan Party shall fail to pay any applicable cure period) under principal of or premium or interest on any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partnerits Debt which, singly individually or in the aggregate, is outstanding in excess a principal amount of Ten Million Dollars at least $2,500,000 ($10,000,000or the equivalent in any other currency) (but excluding Debt evidenced by the Revolving Advances) when the same becomes due and payable (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise), other than (i) Indebtedness arising from the purchase of personal property or the provision of services, the amount of which is being contested by Borrower or (ii) Indebtedness which any other event shall occur or condition shall exist under any agreement or instrument governing Debt which, individually or in the aggregate, is non-recourse, i.e., which is not recoverable outstanding in a principal amount of at least $2,500,000 (or the equivalent in any other currency) (but excluding Debt evidenced by the creditor thereof from Revolving Advances), if the general assets effect of such event or condition is to accelerate, or to permit the Borroweracceleration of, the General Partner or any maturity of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.such Debt;
Cross-Default. Any monetary There is a default occurs (after giving effect to in any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) Debt of Borrower or the General Partner, singly or in the aggregate, any of its Subsidiaries and such default (a) involves amounts in excess of Ten Million Dollars $2,000,000 and ($10,000,000), other than b) either (i) Indebtedness arising from occurs at the purchase final maturity of personal property or the provision of servicesobligations thereunder, the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable results in a right by the creditor thereof from other party thereto, irrespective of whether exercised, to accelerate the general assets maturity of the Borrower, the General Partner such Borrowers or any of their Affiliates, but is limited such Subsidiaries obligations thereunder or to the proceeds of certain real estate, improvements and related personal property.terminate such agreement;
Cross-Default. Any monetary default occurs (after giving effect to any applicable cure period) under any other Indebtedness (which includes liability under Guaranties) of Borrower or the General Partner, singly or in the aggregate, in excess of Ten Million Dollars ($10,000,000), other than (i) Indebtedness arising from The Borrower or any of its Subsidiaries shall fail to pay any principal of or premium or interest on any of its Debt or any amounts owing by it under any Hedging Arrangement when the purchase same becomes due and payable (whether at scheduled maturity, required prepayment, acceleration, demand or otherwise), provided that the aggregate principal amount of personal property all such Debt (other than any Debt created hereunder) and all amounts owed under such Hedging Arrangements is at least $15,000,000 (or the provision equivalent in any other currency and based on the termination value thereof in the case of servicesa Hedging Arrangement), the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner Borrower or any of its Subsidiaries shall fail to comply with any of its covenants or agreements under any agreement or instrument relating to any of its Debt or under any Hedging Arrangement and such failure enables or permits the holder or holders of such Debt or the counterparty under such Hedging Arrangement, or any trustee or agent on its or their Affiliatesbehalf, but without the lapse of any further grace periods (any applicable grace periods having expired), to cause such Debt or amounts under such Hedging Arrangement to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity, provided that the aggregate principal amount of all such Debt (other than any Debt created hereunder) and all amounts owed under such Hedging Arrangements is limited at least $15,000,000 (or the equivalent in any other currency and based on the termination value thereof in the case of a Hedging Arrangement), provided further that any such failure described in this clause (ii) under the ABL Documents shall not constitute an Event of Default under this clause (ii) until the earliest of (A) the Debt under the ABL Documents being declared to be due and payable prior to the proceeds stated maturity thereof, (B) the exercise of certain real estateremedies by the ABL Representative and/or lenders under the ABL Documents in respect of any Collateral (it being understood and agreed that effectiveness of cash dominion, improvements in itself, does not constitute such exercise of remedies for purposes hereof) and related personal property.(C) the date that is thirty (30) days after the occurrence of an event of default (however denominated) as a result thereof under the ABL Documents unless such event of default has been waived or cured, and (iii) any Debt of the Borrower or any of its Subsidiaries or any amounts owing by the Borrower or any of its Subsidiaries under any Hedging Arrangement shall be declared to be due and payable prior to the stated maturity thereof, provided that (A) the aggregate principal amount of all such Debt (other than any Debt created hereunder) and all amounts owed under such Hedging Arrangements is at least $15,000,000 (or the equivalent in any other currency and based on the termination value thereof in the case of a Hedging Arrangement) and (B) this clause (iii) shall not apply to (x) secured Debt that becomes due as a result of the voluntary sale or transfer of the assets securing such Debt, or the occurrence of any other event or condition (other than an event of default, however denominated) that requires a prepayment, repurchase, redemption, defeasance or termination of any Debt or Hedging Arrangement pursuant to the terms of the agreements and instruments relating to such Debt or Hedging Arrangement as in effect prior to the occurrence of such event or condition, or (y) any Debt becoming due as a result of a refinancing, extension, renewal or replacement thereof permitted under Section 6.02;
Cross-Default. Any monetary An event of default occurs (after giving effect to any applicable cure period) has occurred under any other Indebtedness (agreement to which includes liability under Guaranties) of a Borrower or the General Partner, singly Guarantor is a party governing or giving rise to Indebtedness for borrowed money of $25,000,000 or more in the aggregate, in excess of Ten Million Dollars principal amount ($10,000,000Other Debt), other than (i) Indebtedness arising from the purchase which event of personal property default is not cured or the provision of serviceswaived within any applicable grace period, if, with respect to Other Debt, the amount of which is being contested by Borrower or (ii) Indebtedness which is non-recourse, i.e., which is not recoverable by the creditor thereof from the general assets of the Borrower, the General Partner or any of their Affiliates, but is limited to the proceeds of certain real estate, improvements and related personal property.effect of