Common use of Default as to Other Indebtedness Clause in Contracts

Default as to Other Indebtedness. Any Company shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any Indebtedness the outstanding principal amount of which Indebtedness is in excess of One Million Dollars ($1,000,000); or any breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement, or any other indenture pertaining to any such Indebtedness, if the effect thereof is to cause an acceleration, mandatory redemption, a requirement that Borrower offer to purchase such Indebtedness or other required repurchase of such Indebtedness, or permit the holder(s) of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, redeemed or otherwise repurchased by any Company (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof.

Default as to Other Indebtedness. Any Company The Issuer shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any other Indebtedness the outstanding principal amount of which Indebtedness is (other than an Obligation) in excess of One Million Dollars ($1,000,000); or any breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement, agreement or any other indenture pertaining to any such Indebtedness, if the effect thereof is to cause an acceleration, mandatory redemption, a requirement that Borrower offer to purchase such Indebtedness redemption or other required repurchase of such Indebtedness, or during the continuance of such breach, default or event of default, permit the holder(s) of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, redeemed or otherwise repurchased by any Company the Issuer (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof; in each case such accelerated, repurchased or other Indebtedness to exceed, in the aggregate, $1,000,000.

Default as to Other Indebtedness. Any Company The Borrower shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any other Indebtedness the outstanding principal amount of which Indebtedness is (other than an Obligation) in excess of One Million Dollars $1,000,000 ($1,000,000excluding the New GFI Note); or any breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement, agreement or any other indenture pertaining to any such Indebtedness, if the effect thereof is to cause an acceleration, mandatory redemption, a requirement that Borrower offer to purchase such Indebtedness redemption or other required repurchase of such Indebtedness, or during the continuance of such breach, default or event of default, permit the holder(s) of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, redeemed or otherwise repurchased by any Company the Borrower (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof; in each case such accelerated, repurchased or other Indebtedness to exceed, in the aggregate, $1,000,000.

Default as to Other Indebtedness. Any Company Borrower or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to on any Other Indebtedness of Borrower or any such Subsidiary, if the aggregate outstanding principal amount of which all such Indebtedness is in excess of One Million Dollars ($1,000,000); 2,500,000 or more, or any breach, default or event of default shall occur, or any other event shall occur or condition shall exist exist, under any instrument, agreement, agreement or any other indenture pertaining to any such Indebtednessthereto, if the effect thereof is to cause an acceleration, mandatory redemption, a requirement that Borrower offer to purchase such Indebtedness or other required repurchase of such Indebtednessaccelerate, or permit the holder(s) of such Indebtedness to accelerate accelerate, the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, prepaid or mandatorily redeemed or otherwise repurchased by any Company (other than by a regularly scheduled required prepayment) prepayment prior to the stated maturity thereof); or the holder of any Lien, in any amount, shall commence foreclosure of such Lien upon property of Borrower or any of its Subsidiaries having a book or fair market value in excess of $1,000,000 in the aggregate.

Default as to Other Indebtedness. Any Company Borrower or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to on any Other Indebtedness of Borrower or any such Subsidiary, if the aggregate outstanding principal amount of which all such Indebtedness is in excess of One Million Dollars ($1,000,000); 2,500,000 or more, or any breach, default or event of default shall occur, or any other event shall occur or condition shall exist exist, under any instrument, agreement, agreement or any other indenture pertaining to any such Indebtednessthereto, if the effect thereof is to cause an acceleration, mandatory redemption, a requirement that Borrower offer to purchase such Indebtedness or other required repurchase of such Indebtednessaccelerate, or permit the holder(s) of such Indebtedness to accelerate accelerate, the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, prepaid or mandatorily redeemed or otherwise repurchased by any Company (other than by a regularly scheduled required prepayment) prepayment prior to the stated maturity thereofthere of); or the holder of any Lien, in any amount, shall commence foreclosure of such Lien upon property of Borrower or any of its Subsidiaries having a book or fair market value in excess of $1,000,000 in the aggregate.

Default as to Other Indebtedness. Any of the Company or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any Indebtedness (other than the Obligations) the outstanding principal amount of which Indebtedness is in excess of One Million Dollars ($1,000,000)2,000,000; or any breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement, agreement or any other indenture pertaining to any such Indebtedness, if the effect thereof is to either cause or permit the holder thereof to cause an acceleration, mandatory redemption, a requirement that Borrower the Company or any such Subsidiary offer to purchase such Indebtedness or other required repurchase of such Indebtedness, or permit the holder(s) of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, redeemed or otherwise repurchased by the Company or any Company of its Subsidiaries (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof.

Default as to Other Indebtedness. Any Company of the Borrower or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any Indebtedness (other than the Obligations) the outstanding principal amount of which Indebtedness is in excess of One Million Dollars ($1,000,000)2,000,000; or any breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement, agreement or any other indenture pertaining to any such Indebtedness, if the effect thereof is to cause an acceleration, mandatory redemption, a requirement that the Borrower or any such Subsidiary offer to purchase such Indebtedness or other required repurchase of such Indebtedness, or permit the holder(s) of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, redeemed or otherwise repurchased by the Borrower or any Company (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof.of its

Default as to Other Indebtedness. Any Company The Borrower or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to Permitted Subordinated Indebtedness or any other Indebtedness the outstanding principal amount of which Indebtedness is (other than an Obligation) in excess of One Million Dollars ($1,000,0001,000,000 except as set forth in Schedule 11.01(e); or any breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement, agreement or any other indenture pertaining to any such Indebtedness, if the effect thereof is to cause an acceleration, mandatory redemption, a requirement that Borrower offer to purchase such Indebtedness redemption or other required repurchase of such Indebtedness, or during the continuance of such breach, default or event of default, permit the holder(s) of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, redeemed or otherwise repurchased by the Borrower or any Company of its Subsidiaries (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof; in each case such accelerated, repurchased or other Indebtedness to exceed, in the aggregate, $1,000,000.

Default as to Other Indebtedness. Any Company (i) The Borrower or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to Permitted Subordinated Indebtedness or any other Indebtedness the outstanding principal amount of which Indebtedness is (other than an Obligation) in excess of One Million Dollars ($1,000,000, except as set forth in Schedule 11.01(e); or (ii) any breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement, agreement or any other indenture pertaining to any such Indebtedness, if the effect thereof is to cause an acceleration, mandatory redemption, a requirement that Borrower offer to purchase such Indebtedness redemption or other required repurchase of such Indebtedness, or during the continuance of such breach, default or event of default, permit the holder(s) one or more holders of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or (iii) any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, redeemed or otherwise repurchased by the Borrower or any Company of its Subsidiaries (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof.; in each case referred to in clause (i), (ii) or (iii) above, such accelerated, repurchased or other Indebtedness to exceed, in the aggregate, $1,000,000. 108

Default as to Other Indebtedness. Any Company Either Borrower or any Subsidiary of either Borrower shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwiseotherwise after giving effect to any applicable grace period) with respect to any Indebtedness (other than an Obligation or Intercompany Debt) of the outstanding principal amount of which Indebtedness is in excess of One Million Dollars (Borrower and its Subsidiaries aggregating $1,000,000)1,000,000 or more; or any breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement, agreement or any other indenture pertaining to any such Indebtedness, if the effect thereof (with or without the giving of notice or lapse of time or both) is to cause an acceleration, mandatory redemption, a requirement that Borrower offer to purchase such Indebtedness redemption or other required repurchase of such Indebtedness, or permit the holder(s) of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, redeemed or otherwise repurchased by a Borrower or any Company of its Subsidiaries (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof.