Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 5 contracts
Samples: Intercreditor Agreement (Dole Food Co Inc), Intercreditor Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)
Default Under Other Agreements. (a) The Borrower Holdings or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 10.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 5 contracts
Samples: Intercreditor Agreement (Dole Food Co Inc), Security Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc)
Default Under Other Agreements. (a) The Borrower Company or any of its Subsidiaries Subsidiary shall (i) default in any payment with respect to any Indebtedness for borrowed money (other than this Note) which Indebtedness has an outstanding principal amount in excess of $100,000 individually or $250,000 in the Obligations) aggregate for all such Indebtedness, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder) and such default shall continue for five days (or to such earlier date as the holder of any other Indebtedness shall declare the same due and payable by reason of such default; or (b) any Indebtedness (other than the Obligations) of the Borrower Company or any Subsidiary which has an outstanding principal amount in excess of the $100,000 individually or $250,000 in the aggregate for all such Indebtedness shall, in accordance with its Subsidiaries shall terms, be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled or required prepayment, payment prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; orthen,
Appears in 5 contracts
Samples: Berliner Communications Inc, Berliner Communications Inc, Berliner Communications Inc
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) Any Loan Party shall default in any the payment with respect to when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the ObligationsLenders under the Loan Documents) in excess of the Threshold Amount in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or created, (ii) a default shall occur in the performance or observance or performance of any Permitted Debt Document, any agreement or condition relating to any such Indebtedness referred to in clause (i) of this Section 8.01(g) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity; , or (biii) any such Indebtedness referred to in clause (other than the Obligationsi) of this Section 8.01(g) of the Borrower or any of its Subsidiaries Loan Parties shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required payment or prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 5 contracts
Samples: Credit Agreement (Greif, Inc), Credit Agreement (Greif, Inc), Credit Agreement (Greif Inc)
Default Under Other Agreements. (a) (i) The Borrower or any of its the Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the ObligationsIndebtedness described in Section 12.1) or Hedge Obligations in excess of $125,000,000, beyond the period of gracegrace period, if any, provided in the instrument or agreement under which such Indebtedness or Hedge Obligation was created or (ii) default without limiting the provisions of clause (i), any Indebtedness or Hedge Obligations referred to in clause (i) shall be declared to be due and payable, or shall be required to be prepaid, defeased or redeemed other than by a regularly scheduled required prepayment or as a mandatory prepayment (and, (A) with respect to any Hedge Obligations, other than due to a termination event or equivalent event pursuant to the observance terms of the related Hedge Agreements and (B) other than secured Indebtedness that becomes due as a result of a Disposition (including as a result of Casualty Event) of the property or performance assets securing such Indebtedness permitted under this Agreement), prior to the stated maturity thereof or (b) the Borrower or any Subsidiary (i) fails to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand, or otherwise) in respect of First Lien Second Out Junior Indebtedness or (ii) fails to observe or perform any other agreement or condition relating to any such Second Out Junior Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, thereto that would allow the effect of which default or other event or condition is lenders thereunder to cause, or to permit the holder or holders of accelerate such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Second Out Junior Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or.
Appears in 4 contracts
Samples: Passu Intercreditor Agreement, Credit Agreement (California Resources Corp), Passu Intercreditor Agreement (California Resources Corp)
Default Under Other Agreements. (a) The Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $20,000,000 in the aggregate, for the Borrower and such Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or (except in the case of Indebtedness consisting of any Hedge Agreement) any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the ObligationsIndebtedness consisting of any Hedge Agreement) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 4 contracts
Samples: Credit Agreement (KCLC Acquisition Corp), Credit Agreement (Corning Consumer Products Co), Credit Agreement (Kindercare Learning Centers Inc /De)
Default Under Other Agreements. (a) The Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition existexist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 4 contracts
Samples: Credit Agreement (HCA Healthcare, Inc.), Credit Agreement (HCA Healthcare, Inc.), Joinder Agreement (HCA Healthcare, Inc.)
Default Under Other Agreements. (a) The Borrower Holdings or any of its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (b) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that that, it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 9.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (a) and (b) above, equals or exceeds is at least $25,000,0007,500,000; or
Appears in 3 contracts
Samples: Reimbursement Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp)
Default Under Other Agreements. (ai) The Borrower Holdings or any of its Restricted Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Restricted Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 unless the aggregate principal amount of any one issue all Indebtedness as described in preceding clauses (i) and (ii) is at least equal to the Threshold Amount; provided that preceding clause (ii) shall not apply to Indebtedness that becomes due as a result of a voluntary sale or transfer of the property or assets securing such Indebtedness, if such sale or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000transfer is otherwise permitted hereunder; or
Appears in 3 contracts
Samples: Credit Agreement (Bway Parent Company, Inc.), Credit Agreement (Phoenix Container, Inc.), Credit Agreement (BWAY Holding CO)
Default Under Other Agreements. (a) The Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Material Indebtedness (other than the ObligationsIndebtedness described in Section 11.1) beyond the period of grace, if any, provided in the instrument or of agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition existexist (other than, (1) with respect to Indebtedness in respect of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements and (2) secured Indebtedness that becomes due as a result of a Disposition (including as a result of Casualty Event) of the property or assets securing such Indebtedness permitted under this Agreement), the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due or to be repurchased, prepaid, defeased or redeemed (automatically or otherwise), or an offer to repurchase, prepay, defease or redeem such Indebtedness to be made, prior to its stated maturity; or (b) any Indebtedness (other than , unless, in the Obligations) case of each of the Borrower foregoing, such holder or any of its Subsidiaries holders shall be declared to be have (or shall becomethrough its or their trustee or agent on its or their behalf) due and payable, or shall be required to be prepaid other than by waived such default in a regularly scheduled required prepayment, prior writing to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such IndebtednessBorrower, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 3 contracts
Samples: Credit Agreement (Athlon Energy Inc.), Credit Agreement (Athlon Energy Inc.), Credit Agreement (MBOW Four Star, L.L.C.)
Default Under Other Agreements. (a) The Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $50,000,000 in the aggregate, for the Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition existexist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 3 contracts
Samples: Credit Agreement (PanAmSat Holding CORP), Credit Agreement (Panamsat Corp /New/), Credit Agreement (PanAmSat Holding CORP)
Default Under Other Agreements. (ai) The Holdings or the Borrower or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of Holdings or the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that (A) it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 unless the aggregate principal amount of any one issue all Indebtedness as described in preceding clauses (i) and (ii) is at least equal to the Threshold Amount and (B) the preceding clause (ii) shall not apply to Indebtedness that becomes due as a result of a voluntary sale or transfer of the property or assets securing such Indebtedness, if such sale or the aggregate amount of all transfer is otherwise permitted hereunder and such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000is promptly paid; or
Appears in 3 contracts
Samples: Patent Security Agreement, Security Agreement (OCI Partners LP), Credit Agreement (OCI Partners LP)
Default Under Other Agreements. (a) The Borrower Company or any of its Subsidiaries Subsidiary shall (i) default in any payment with respect to any Indebtedness for borrowed money (other than this Note) which Indebtedness has an outstanding principal amount in excess of $250,000 individually or $750,000 in the Obligations) aggregate for all such Indebtedness, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder) and such default shall continue for five days (or to such earlier date as the holder of any other Indebtedness shall declare the same due and payable by reason of such default; or (b) any Indebtedness (other than the Obligations) of the Borrower Company or any Subsidiary which has an outstanding principal amount in excess of the $250,000 individually or $750,000 in the aggregate for all such Indebtedness shall, in accordance with its Subsidiaries shall terms, be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled or required prepayment, payment prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 3 contracts
Samples: Purchase Agreement (Zix Corp), Purchase Agreement (Zix Corp), Zix Corp
Default Under Other Agreements. (ai) The Borrower Failure of any Loan Party or any of its their respective Subsidiaries shall (i) default in to pay when due any principal of or interest on or any other amount, including any payment with in settlement, payable in respect to any of one or more items of Indebtedness (other than the ObligationsIndebtedness referred to in Section 8.01(a)) in an individual principal amount (or Net Xxxx-to-Market Exposure) of $25,000,000 or more or with an aggregate principal amount (or Net Xxxx-to-Market Exposure) of $25,000,000 or more, in each case beyond the period of gracegrace period, if any, provided in the instrument or agreement under which Indebtedness was created therefor; or (ii) breach or default by any Loan Party with respect to any other material term of (1) one or more items of Indebtedness in the observance individual or performance of aggregate principal amounts (or Net Xxxx-to-Market Exposure) referred to in clause (i) above or (2) any loan agreement, mortgage, indenture or other agreement or condition relating to any such Indebtedness or contained item(s) of Indebtedness, in any instrument or agreement evidencingeach case beyond the grace period, securing or relating theretoif any, or any other event shall occur or condition existprovided therefor, if the effect of which such breach or default or other event or condition is to cause, or to permit the holder or holders of such that Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such to cause, that Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity; maturity or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereofof any underlying obligation, as the case may be; provided provided, that it shall not constitute an Event of Default pursuant to clause (a) or (bii) of this Section 11.04 unless 8.01(b) shall not apply to secured Indebtedness that becomes due as a result of the principal amount voluntary disposition of any one issue of the property or assets securing such Indebtedness, or the aggregate amount of all if such disposition is permitted hereunder and such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000that becomes due is paid upon such disposition; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc)
Default Under Other Agreements. (a) The Parent Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $150,000,000 in the aggregate, for the Parent Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition existexist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 3 contracts
Samples: Credit Agreement (HCA Healthcare, Inc.), Restatement Agreement (HCA Holdings, Inc.), Credit Agreement (HCA Holdings, Inc.)
Default Under Other Agreements. (ai) The Borrower Holdings or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent Administrative Agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any such Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled prepayment or required prepaymentprepayment (other than pursuant to a "due-on-sale" clause in a mortgage or similar security agreement) (unless such required prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 9.04 unless the aggregate outstanding principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Gleason Corp /De/), Security Agreement (Vestar Capital Partners Iv Lp)
Default Under Other Agreements. (ai) The Borrower or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that (A) it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 unless the aggregate principal amount of any one issue all Indebtedness as described in preceding clauses (i) and (ii) is at least equal to the Threshold Amount and (B) the preceding clause (ii) shall not apply to Indebtedness that becomes due as a result of a voluntary sale or transfer of the property or assets securing such Indebtedness, if such sale or the aggregate amount of all transfer is otherwise permitted hereunder and such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000is promptly paid; or
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (OCI Partners LP)
Default Under Other Agreements. (a) The Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $25,000,000 in the aggregate, for the Borrower and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition existexist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 2 contracts
Samples: Security Agreement (Serena Software Inc), Credit Agreement (Serena Software Inc)
Default Under Other Agreements. (ai) The Borrower Company or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Notes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled or other mandatory required prepaymentprepayment or by reason of optional prepayment or tender by the issuer at its discretion, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to this clause (ad) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (ai) and (bii) above, equals or above exceeds $25,000,00075,000,000 at any one time; or
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Sealed Air Corp/De), Syndicated Facility Agreement (Sealed Air Corp/De)
Default Under Other Agreements. (ai) The Borrower Company or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Notes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled or other mandatory required prepaymentprepayment or by reason of optional prepayment or tender by the issuer at its discretion, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to this clause (ad) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (ai) and (bii) above, equals or above exceeds $25,000,00085,000,000 at any one time; or
Appears in 2 contracts
Samples: Reaffirmation Agreement (Sealed Air Corp/De), Syndicated Facility Agreement (Sealed Air Corp/De)
Default Under Other Agreements. (ai) The Borrower Company or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Notes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; maturity or (bii) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled or other mandatory required prepaymentprepayment or by reason of optional prepayment or tender by the issuer at its discretion, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (ai) and (bii) above, equals or above exceeds $25,000,00020,000,000 at any one time; or
Appears in 2 contracts
Samples: Global Revolving Credit Agreement (Sealed Air Corp/De), Assignment and Assumption Agreement (Sealed Air Corp/De)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; maturity or (b) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided , PROVIDED that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, Indebtedness exceeds $1,500,000 or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or above exceeds $25,000,0002,500,000 at any one time; or
Appears in 2 contracts
Samples: Credit Agreement (Geo Specialty Chemicals Inc), Credit Agreement (Geo Specialty Chemicals Inc)
Default Under Other Agreements. (ai) The Borrower or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,0003,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (National Research Corp), Credit Agreement (National Research Corp)
Default Under Other Agreements. (a) The Holdings, the Borrower or any of its their respective Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; maturity (other than, in the case of the Seller Note, as a result of a redemption required by the first sentence of Section 4(c) of the Seller Note and permitted to be paid pursuant to Section 9.11(ii)), or (biii) any Indebtedness (other than the Obligations) of Holdings, the Borrower or any of its their respective Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , (other than, in the case of the Seller Note, as a result of a redemption required by the first sentence of Section 4(c) of the Seller Note and permitted to be paid pursuant to Section 9.11(ii)), provided that (x) it shall not constitute an be a Default or Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and through (b) aboveiii), equals or exceeds inclusive, is at least $25,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Fairchild Semiconductor Corp), Credit Agreement (FSC Semiconductor Corp)
Default Under Other Agreements. (ai) The Borrower Holdings or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,0007,500,000; or
Appears in 2 contracts
Samples: Credit Agreement (Bway Corp), Credit Agreement (Bway Corp)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries Subsidiary shall (i) default in any payment with respect to any Indebtedness (other than the ObligationsObligations and any non-recourse indebtedness permitted to be incurred hereunder) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness of Borrower (other than the ObligationsObligations and any non-recourse indebtedness permitted to be incurred hereunder) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided provided, however, that it shall not constitute an Event of Default pursuant to this Section 9.04 unless any such event referred to in clause (a) or (b) occurs with respect to one or more issues of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, Indebtedness aggregating at least $25.0 million or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000more; or
Appears in 2 contracts
Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc)
Default Under Other Agreements. (a) The Holdings, the Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of Holdings, the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of such Indebtedness exceeds $2,500,000 individually or in the aggregate at any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000time; or
Appears in 2 contracts
Samples: Consolidation And (Universal Outdoor Inc), Credit Agreement (Universal Outdoor Inc)
Default Under Other Agreements. (a) The Borrower the Company, any subsidiary of the Company, or any of its Subsidiaries Guarantor shall (i) default in any payment with respect to any Indebtedness for borrowed money (other than this Note) which Indebtedness has an outstanding principal amount in excess of $100,000 individually or $200,000 in the Obligations) aggregate for the Company, its subsidiaries and the Guarantors, taken as a whole, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement agreement, covenant or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturitymaturity and such default or event shall continue beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created (after giving effect to any consent or waiver obtained and then in effect thereunder); or (b) any Indebtedness (other than the Obligations) of the Borrower or Company, any of its Subsidiaries shall subsidiaries or the Guarantors which has an outstanding principal amount in excess of $100,000 individually or $200,000 in the aggregate shall, in accordance with its terms, be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled or required prepayment, payment prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or;
Appears in 2 contracts
Samples: Transmedia Asia Pacific Inc, Transmedia Asia Pacific Inc
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (biii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute an be a Default or Event of Default pursuant to clause (a) or (b) of under this Section 11.04 8.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and through (b) aboveiii), equals or exceeds inclusive, is at least $25,000,00010,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Trumps Castle Funding Inc), Credit Agreement (Trump Hotels & Casino Resorts Funding Inc)
Default Under Other Agreements. (a) The Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Material Indebtedness (other than the ObligationsIndebtedness described in Section 11.1) beyond the period of grace, if any, provided in the instrument or of agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition existexist (other than (1) with respect to Indebtedness in respect of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements (2) any event requiring prepayment pursuant to customary asset sale or change of control provisions and (3) secured Indebtedness that becomes due as a result of a Disposition (including as a result of Casualty Event) of the property or assets securing such Indebtedness permitted under this Agreement), the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due or to be repurchased, prepaid, defeased or redeemed (automatically or otherwise), or an offer to repurchase, prepay, defease or redeem such Indebtedness to be made, prior to its stated maturity; or (b) any Indebtedness (other than , unless, in the Obligations) case of each of the Borrower foregoing, such holder or any of its Subsidiaries holders shall be declared to be have (or shall becomethrough its or their trustee or agent on its or their behalf) due and payable, or shall be required to be prepaid other than by waived such default in a regularly scheduled required prepayment, prior writing to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such IndebtednessBorrower, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Vine Energy Inc.), Credit Agreement (Vine Energy Inc.)
Default Under Other Agreements. (a) The Borrower Holdings or any of its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (biii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that (A) it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and through (b) aboveiii), equals or exceeds inclusive, is at least $25,000,0005,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (H-R Window Supply Inc), Credit Agreement (Atrium Companies Inc)
Default Under Other Agreements. (a) The Any of Holdings, the Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $30,000,000 in the aggregate, for Holdings, the Borrower and such Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or (except in the case of Indebtedness consisting of any Hedge Agreement) any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the ObligationsIndebtedness consisting of any Hedge Agreement) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Rockwood Holdings, Inc.), Security Agreement (Rockwood Holdings, Inc.)
Default Under Other Agreements. (ai) The Borrower Parent or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid (other than by (x) a regularly scheduled required prepaymentprepayment or (y) a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default)), prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 9.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,000500,000; or
Appears in 2 contracts
Samples: Credit Agreement (SAExploration Holdings, Inc.), Credit Agreement (SAExploration Holdings, Inc.)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (biii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that (x) it shall not constitute an be a Default or Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and through (b) aboveiii), equals or exceeds inclusive, is at least $25,000,0002,500,000; or
Appears in 2 contracts
Samples: Credit Agreement (Appliance Warehouse of America Inc), Credit Agreement (Coinmach Corp)
Default Under Other Agreements. (ai) The Borrower Holdings or any of its Restricted Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Restricted Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; ,, provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,00050,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
Default Under Other Agreements. (ai) The Borrower Company or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Notes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; maturity or (bii) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled or other mandatory required prepaymentprepayment or by reason of optional prepayment or tender by the issuer at its discretion, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to this clause (ad) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (ai) and (bii) above, equals or above exceeds $25,000,00030,000,000 at any one time; or
Appears in 2 contracts
Samples: Credit Agreement (Sealed Air Corp/De), Five Year Credit Agreement (Sealed Air Corp/De)
Default Under Other Agreements. (a) The Borrower Holdings or any of its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (biii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that (x) it shall not constitute an be a Default or Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and through (b) aboveiii), equals or exceeds inclusive, is at least $25,000,0001,500,000; or
Appears in 2 contracts
Samples: Credit Agreement (Chancellor Broadcasting Co /De/), Credit Agreement (Chancellor Radio Broadcasting Co)
Default Under Other Agreements. (a) The Holding, the Borrower or any of ------------------------------ its Subsidiaries shall (i) default in any payment with in respect to any Indebtedness (other than the Obligations) in excess of $2,500,000 individually or $5,000,000 in the aggregate of the Borrower and its Subsidiaries beyond the period of grace, if any, provided in the agreement or instrument or agreement under which such Indebtedness was created issued, including, but not limited to, the New Senior Note Documents and the Special Term Loan Documents, or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is requiredrequired to so cause), any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of Holding, the Borrower or any of its Subsidiaries such Subsidiary shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Jorgensen Earle M Co /De/), Intercreditor Agreement (Jorgensen Earle M Co /De/)
Default Under Other Agreements. (a) The Any of the Parent Companies, Holdings, the US Borrower, the UK Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $20,000,000 in the aggregate, for the Parent Companies, Holdings, the US Borrower, the UK Borrower and such Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or (except in the case of Indebtedness consisting of any Hedge Agreement) any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the ObligationsIndebtedness consisting of any Hedge Agreement) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Rockwood Specialties Group Inc), Credit Agreement (Rockwood Specialties Group Inc)
Default Under Other Agreements. (a) The Borrower Parent or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 10.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or above exceeds $25,000,00025,000,000 at any one time; or
Appears in 2 contracts
Samples: Credit Agreement (Noble Corp), Credit Agreement (Noble Corp)
Default Under Other Agreements. Except as a result of the commencement of the Cases or unless the payment, acceleration and/or exercise of remedies with respect to any such Indebtedness is stayed by the Bankruptcy Court, (a) The the Borrower or any of its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness incurred after the Petition Date (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; Stated Maturity, or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, payable prior to the stated maturity Stated Maturity thereof; provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 7.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (a) and (b) above, equals or exceeds $25,000,000is at least equal to the Threshold Amount; or
Appears in 2 contracts
Samples: Credit Agreement (Pyxus International, Inc.), Restructuring Support Agreement (Pyxus International, Inc.)
Default Under Other Agreements. (a) The Borrower Either Loan Party or any Subsidiary of its Subsidiaries the Borrower shall (i) default in any payment with respect to of all or any portion of any Material Indebtedness (other than when and as the Obligations) same shall become due and payable beyond the applicable and documented period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created created, or (ii) default in the observance or performance of any other agreement, covenant or condition contained in any agreement or condition relating instrument evidencing or governing any Material Indebtedness (after giving effect to any such Indebtedness applicable and documented grace period), or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect result of which default or other event or condition condition, in each case, is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Material Indebtedness to become due prior to its stated maturity; or (b) any Material Indebtedness (other than the Obligations) of either Loan Party or any Subsidiary of the Borrower or shall, for reason of any of its Subsidiaries shall the foregoing set out in clause (a) of this Section 9.4, be declared to be (or shall become) due and payable, or shall be required to be prepaid or redeemed other than by a regularly scheduled required prepaymentprepayment or redemption, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant thereof (after giving effect to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) applicable and (b) above, equals or exceeds $25,000,000documented grace period); or
Appears in 2 contracts
Samples: www.sec.gov, PCT LLC
Default Under Other Agreements. (a) The Borrower Any Loan Party or any of its Restricted Subsidiaries shall (i) default in any payment with respect to of all or any portion of any Material Indebtedness (other than when and as the Obligations) same shall become due and payable beyond the applicable and documented period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created created, or (ii) default in the observance or performance of any other agreement, covenant or condition contained in any agreement or condition relating instrument evidencing or governing any Material Indebtedness (after giving effect to any such Indebtedness applicable and documented grace period), or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect result of which default or other event or condition condition, in each case, is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Material Indebtedness to become due prior to its stated maturity; or (b) any Material Indebtedness (other than the Obligations) of the Borrower any Loan Party or any of its Restricted Subsidiaries shall shall, for reason of any of the foregoing set out in clause (a) of this Section 9.4, be declared to be (or shall become) due and payable, or shall be required to be prepaid or redeemed other than by a regularly scheduled required prepaymentprepayment or redemption, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant thereof (after giving effect to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) applicable and (b) above, equals or exceeds $25,000,000documented grace period); or
Appears in 2 contracts
Samples: Vista Oil & Gas, S.A.B. De C.V., Vista Oil & Gas, S.A.B. De C.V.
Default Under Other Agreements. (ai) The Borrower REIT or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower REIT or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause under clauses (ai) or (bii) of this Section 11.04 9.04 unless the aggregate outstanding principal amount of any one issue of all Indebtedness as described in such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (ai) and (bii) above, equals or exceeds is at least $25,000,00010,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Eldertrust), Security Agreement (Eldertrust)
Default Under Other Agreements. (a) The Borrower Holdings or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided provided, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 10.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,0004,000,000 at any one time; or
Appears in 2 contracts
Samples: Credit Agreement (Quality Distribution Inc), Credit Agreement (Quality Distribution Inc)
Default Under Other Agreements. (ai) The Borrower or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due (and/or, in the case of an Interest Rate Protection Agreement or Other Hedging Agreement, to be terminated) prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payablepayable (and/or, in the case of an Interest Rate Protection Agreement or Other Hedging Agreement, to be terminated), or shall be required to be prepaid (and/or terminated, as the case may be) other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Lee Enterprises, Inc), Credit Agreement (Lee Enterprises Inc)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, payable (or shall be required to be prepaid other than by as a regularly scheduled required prepayment, result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof; , provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 8.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or above (without duplication) exceeds $25,000,0007,500,000 in the aggregate at any one time; or
Appears in 2 contracts
Samples: Credit Agreement (Fairpoint Communications Inc), Credit Agreement (Fairpoint Communications Inc)
Default Under Other Agreements. (a) The Borrower Company or any of its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; , or (b) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or pursuant to customary mandatory prepayment provisions in connection with asset sales, casualty and condemnation events, the incurrence of indebtedness, the issuance of Equity Interests or excess cash flow, prior to the stated maturity thereof; provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (a) and (b) above, equals or exceeds $25,000,000is at least equal to the Threshold Amount; or
Appears in 2 contracts
Samples: Credit Agreement (Ciena Corp), Abl Credit Agreement (Ciena Corp)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided provided, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; orclause
Appears in 2 contracts
Samples: Credit Agreement (Therma Wave Inc), Credit Agreement (Therma Wave Inc)
Default Under Other Agreements. (a) The Borrower Holdings or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided provided, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,0003,750,000 at any one time; or
Appears in 2 contracts
Samples: Credit Agreement (Nutraceutical International Corp), Credit Agreement (Nutraceutical International Corp)
Default Under Other Agreements. (a) The Borrower or any of its ------------------------------ Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, payable (or shall be required to be prepaid other than by as a regularly scheduled required prepayment, result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof; , provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 8.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or above exceeds $25,000,0003.0 million in the aggregate at any one time; or
Appears in 2 contracts
Samples: Assignment Agreement (MJD Communications Inc), Credit Agreement (MJD Communications Inc)
Default Under Other Agreements. (a) The Borrower Holdings or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 2 contracts
Samples: Intercreditor Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Company Inc)
Default Under Other Agreements. (a) The Any of Holdings, the US Borrower, the UK Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $30,000,000 in the aggregate, for Holdings, the US Borrower, the UK Borrower and such Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or (except in the case of Indebtedness consisting of any Hedge Agreement) any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the ObligationsIndebtedness consisting of any Hedge Agreement) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 2 contracts
Samples: Security Agreement (Rockwood Specialties Group Inc), Credit Agreement (Rockwood Holdings, Inc.)
Default Under Other Agreements. (ai) The Borrower Any Credit Party or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (bii) any Indebtedness (other than the Obligations) of the Borrower any Credit Party or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated st ated maturity thereof; provided provided, however, that it shall not constitute be a Default or an Event of Default pursuant to under clause (ai) or (bii) of this Section 11.04 8.4 unless the aggregate principal amount of any one issue of such Indebtedness(or, or with respect to Indebtedness under Interest Rate Protection Agreements, the aggregate amount termination amount) of all such Indebtedness referred to as described in the preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,0001.0 million; or
Appears in 1 contract
Default Under Other Agreements. (ai) The Borrower or any of its Subsidiaries Any Company shall (iA) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (iiB) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether infoUSA Credit Agreement any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries Company shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause under this Section 11.1(d) unless the aggregate principal amount of all Indebtedness as described in either of the preceding clauses (ai) or (bii) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds is at least $25,000,0005,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Infousa Inc)
Default Under Other Agreements. (a) The Borrower Company or any of its Subsidiaries shall (i) default in any payment on or with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid pre-paid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000350,000 at any one time; or
Appears in 1 contract
Samples: Reducing Revolving Credit Agreement (Di Industries Inc)
Default Under Other Agreements. (a) The Borrower Holdings or any of its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Notes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (biii) any Indebtedness (other than the ObligationsNotes) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute an be a Default or Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and through (b) aboveiii), equals or exceeds inclusive, is at least $25,000,0002,500,000; or
Appears in 1 contract
Samples: Credit Agreement (Universal Compression Holdings Inc)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; , provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or above exceeds $25,000,0005,000,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (ai) The Borrower Parent, or Holdings or any of its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations, the Existing Intercompany Indebtedness and any other intercompany loans) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) the Parent, or Holdings or any of its Subsidiaries shall default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations, the Existing Intercompany Indebtedness and any other intercompany loans) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that it shall not constitute an be a Default or Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and through (b) aboveii), equals or exceeds inclusive, is at least $25,000,00010,000,000; or
Appears in 1 contract
Default Under Other Agreements. With respect to (av) The the SSCF, (w) the Existing Revolving Credit Agreement, (x) the Senior Notes, (y) the Senior Term Loan or (z) any other Indebtedness (other than the Obligations and intercompany Indebtedness) in an aggregate principal amount greater than $25,000,000, (i) the Borrower or any of its Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) the Borrower or any of its Restricted Subsidiaries shall default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that it shall not constitute be an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 unless the principal amount if a waiver of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to defaults described in the preceding clauses (ai) and through (bii) above, equals or exceeds $25,000,000has been obtained; or
Appears in 1 contract
Default Under Other Agreements. (ai) The Borrower or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required, but after giving effect to any applicable grace periods), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 9.1(d) unless (A) the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals is at least $75,000,000 or exceeds $25,000,000(B) the Indebtedness described in preceding clauses (i) and (ii) arises under the Revolving Credit Agreement; or
Appears in 1 contract
Samples: Term Loan Agreement (Owens Corning)
Default Under Other Agreements. (ai) The Borrower or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,00075,000,000; or
Appears in 1 contract
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, payable (or shall be required to be prepaid other than by as a regularly scheduled required prepayment, result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof; , provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or above exceeds $25,000,000; or3,000,000 in the aggregate at any one time or (c) Parent shall (i) default in any payment of interest or principal beyond the period of grace, if any, applicable thereto under the Parent Credit Agreement or (ii) the Indebtedness of Parent under the Parent Credit Agreement shall be declared to be due and payable (or shall be required to be prepaid as a result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof.
Appears in 1 contract
Default Under Other Agreements. (ai) The Borrower Holdings or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, payable prior to the stated maturity thereofthereof (other than, in the case of this clause (ii), any secured Indebtedness that is required to be prepaid as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness); provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,00015,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Town Sports International Holdings Inc)
Default Under Other Agreements. (ai) The Borrower Company or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Notes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; maturity or (bii) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled or other mandatory required prepaymentprepayment or by reason of optional prepayment or tender by the issuer at its discretion, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to this clause (ad) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (ai) and (bii) above, equals or above exceeds $25,000,00025,000,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Borrower Any Credit Party or any of ------------------------------ its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower any Credit Party or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid or redeemed other than by a regularly scheduled required prepayment or as a mandatory prepayment, purchased or defeased, or an offer to prepay, redeem, purchase or defease such Indebtedness shall be required to be made, in each case, prior to the stated maturity thereof; provided that it -------- shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,0001,500,000 at any one time; or
Appears in 1 contract
Samples: Credit Agreement (Modus Media International Holdings Inc)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries (i) Any Group Member shall (ix) default in any payment with respect to of any Indebtedness (other than the Secured Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Secured Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice of acceleration is requiredrequired other than, in any case, voluntary prepayments or terminations permitted under this Agreement), any such Indebtedness to become due prior to its stated maturity; maturity (except with respect to secured 146 Indebtedness to the extent the same become due as a result of sale or transfer of the property or assets securing such Indebtedness), or (bii) any Indebtedness (other than the Secured Obligations) of the Borrower or any of its Subsidiaries Group Member shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or other prepayments permitted by this Agreement, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 11.01(d) unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds $25,000,000is at least £15,000,000; or
Appears in 1 contract
Default Under Other Agreements. (a) The Borrower or any of its ------------------------------ Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent Administrative Agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute an -------- Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, Indebtedness exceeds [$3,500,000] or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or above exceeds [$25,000,0004,500,000] at any one time; or
Appears in 1 contract
Samples: Credit Agreement (Hci Direct Inc)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, payable (or shall be required to be prepaid other than by as a regularly scheduled required prepayment, result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 8.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or above (without duplication) exceeds $25,000,00020,000,000 in the aggregate at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Borrower or any of its ------------------------------ Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required repayment or prepayment, prior to the stated maturity thereof; provided provided, however, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of -------- ------- this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in ------------ clauses (a) and (b) above, equals or above exceeds $25,000,0001,000,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries Any Credit Party shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries Credit Party shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (a) and (b) above, equals is at least equal to the Threshold Amount; or exceeds $25,000,000(c) a Trigger Event shall occur and be continuing; or
Appears in 1 contract
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its their Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided PROVIDED that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,0005,000,000 at any one time; or
Appears in 1 contract
Default Under Other Agreements. (a) The Borrower Any of Holdings, the Company or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $35,000,000 in the aggregate, for Holdings, the Company and such Restricted Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition existexist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated 135 maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Default Under Other Agreements. (ai) The Borrower Company or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Notes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled or other mandatory required prepaymentprepayment or by reason of optional prepayment or tender by the issuer at its discretion, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to this clause (ad) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (ai) and (bii) above, equals or above exceeds $25,000,00085,000,000 at any one time; oror Sealed Air – 4th A&R Syndicated Facility Agt
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Default Under Other Agreements. (a) The Borrower Any Loan Party or any of its their respective Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than obligation incurred under this Agreement or any other Related Document) in an amount in excess of 25% of total shareholder equity, individually or in the Obligations) aggregate, for the Loan Parties and their respective Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined determined without regard to whether any notice of acceleration, or any lapse of time prior to the effectiveness of any notice of acceleration, is required), any such Indebtedness Indebtedness to become due prior to its stated maturity; or (b) Indebtedness of any Indebtedness (other than the Obligations) of the Borrower Loan Party or any of its their respective Subsidiaries in excess of $20,000,000 shall be declared to be (or shall become) due and payable, payable or shall be required to be prepaid prepaid, other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (Flagstone Reinsurance Holdings LTD)
Default Under Other Agreements. (a) The Borrower Any Restricted Company or any Material Subsidiary of its Subsidiaries any Borrower shall (i) default in any payment with respect to any Indebtedness (other than the ObligationsLoans) in excess of $10.0 million individually or $50.0 million in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which governing such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness referred to in clause (i) above in excess of the thresholds set forth therein or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition con dition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturitymaturity and such default or event or condition shall continue beyond the period of grace, if any, provided in the instrument or agreement governing such Indebtedness (after giving effect to any consent or waiver obtained and then in effect thereunder); or (b) any such Indebtedness referred to in clause (other than the Obligationsa)(i) above in excess of the Borrower or any of thresholds set forth therein shall, in accordance with its Subsidiaries shall terms, be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled or required prepayment, prepayment prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Time Warner Inc/)
Default Under Other Agreements. (a) The Borrower (i) Holdings or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur 196 or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice of acceleration is requiredrequired other than, in any case, voluntary prepayments or terminations permitted under this Agreement), any such Indebtedness to become due prior to its stated maturity; maturity (except with respect to secured Indebtedness to the extent the same become due as a result of sale or transfer of the property or assets securing such Indebtedness), or (bii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or other prepayments permitted by this Agreement, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 11.01(d) unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,00010,000,000; or
Appears in 1 contract
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided provided, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 10.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,0003,500,000 at any one time; or
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Default Under Other Agreements. (a) The Holdings, the Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of Holdings, the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, Indebtedness exceeds $2,500,000 individually or in the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000at any one time; or
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Default Under Other Agreements. (ai) The Borrower Company or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Notes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; maturity or (bii) any Indebtedness (other than the Obligations) of the Borrower Company or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled or other mandatory required prepaymentprepayment or by reason of optional prepayment or tender by the issuer at its discretion, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (ai) and (bii) above, equals or above exceeds $25,000,0003,000,000 at any one time; or
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Default Under Other Agreements. (a) The Borrower or any of its Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $7,000,000 in the aggregate, for the Borrower and such Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or (except in the case of Indebtedness consisting of any Hedge Agreement) any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the ObligationsIndebtedness consisting of any Hedge Agreement) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
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Default Under Other Agreements. (a) The Borrower Holdings or any of ------------------------------ its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit per mit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided provided, that it shall not constitute an Event of Default pursuant to -------- clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,0001,000,000 at any one time; or
Appears in 1 contract
Samples: Credit Agreement (Ocih LLC)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with in respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in as the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries such Subsidiary shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.08 unless the principal amount of any one issue of such Indebtedness, Indebtedness exceeds $2,500,000 or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or above exceeds $25,000,0005,000,000 at any one time; or
Appears in 1 contract
Samples: Credit Agreement (Hvide Marine Inc)
Default Under Other Agreements. (a) The Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Material Indebtedness (other than the ObligationsIndebtedness described in Section 11.1) beyond the period of grace, if any, provided in the instrument or of agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition existexist (other than (1) with respect to Indebtedness in respect of any Hedge Transactions, termination events or equivalent events pursuant to the terms of the corresponding Hedge Agreements under which such Hedge Transaction is entered into and (2) secured Indebtedness that becomes due as a result of a Disposition (including as a result of Casualty Event) of the property or assets securing such Indebtedness permitted under this Agreement), the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due or to be repurchased, prepaid, defeased or redeemed (automatically or otherwise), or an offer to repurchase, prepay, defease or redeem such Indebtedness to be made, prior to its stated maturity; or , unless (b) any Indebtedness (other than and only for so long as), in the Obligations) case of each of the Borrower foregoing, such holder or any of its Subsidiaries holders shall be declared to be have (or shall becomethrough its or their trustee or agent on its or their behalf) due and payable, or shall be required to be prepaid other than by waived such default in a regularly scheduled required prepayment, prior writing to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such IndebtednessBorrower, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Talos Energy Inc.)
Default Under Other Agreements. (ai) The Borrower or any of its Subsidiaries Any Credit Party shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, except for any Indebtedness owed to a supplier by any Credit Party for goods received or services rendered that is being contested in good faith by appropriate proceedings, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; maturity or (bii) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries Credit Party shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 9.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,0001,000,000 (One Million Dollars); or
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Default Under Other Agreements. (a) The Borrower Any Loan Party or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $50,000,000 in the aggregate, for MRC Global and its Restricted Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition existexist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 1 contract
Default Under Other Agreements. (a) The Borrower Any Loan Party or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $50,000,000 in the aggregate, for MRC and its Restricted Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition existexist (other than, with respect to Indebtedness consisting of any Hedge Agreements, termination events or equivalent events pursuant to the terms of such Hedge Agreements), the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (and, with respect to Indebtedness consisting of any Hedge Agreements, other than due to a termination event or equivalent event pursuant to the terms of such Hedge Agreements), prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
Appears in 1 contract
Samples: Loan, Security and Guarantee Agreement (MRC Global Inc.)
Default Under Other Agreements. (a) The Borrower Parent or any of its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (biii) any Indebtedness (other than the Obligations) of the Borrower Parent or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute an be a Default or Event of Default pursuant to clause (a) or (b) of under this Section 11.04 9.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and through (b) aboveiii), equals or exceeds inclusive, is at least $25,000,0002,500,000; or
Appears in 1 contract
Samples: Credit Agreement (Capstar Radio Broadcasting Partners Inc)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided provided, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,0005,000,000 at any one time; or
Appears in 1 contract
Samples: Credit Agreement (McMS Inc)
Default Under Other Agreements. (a) The Borrower Neodata or any of its Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (biii) any Indebtedness (other than the Obligations) of the Borrower Neodata or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute an be a Default or Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and through (b) aboveiii), equals or exceeds inclusive, is at least $25,000,000100,000; or
Appears in 1 contract
Default Under Other Agreements. (ai) The Borrower Holdings or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or created, (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bz) allow an “Event of Default” under and as defined in Three-Year Credit Agreement to occur and be continuing or (ii) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 unless unless, for any Indebtedness other than the Three-Year Credit Facility, the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) above, equals or exceeds is at least $25,000,00010,000,000; or
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Default Under Other Agreements. (a) The Borrower Holdings or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance per- formance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, payable (or shall be required to be prepaid other than by as a regularly scheduled required prepayment, result of a default thereunder or of an event of the type that constitutes an Event of Default) prior to the stated maturity thereof; , provided that (i) Holdings’ or any of its Subsidiaries’ delivery of a notice of a voluntary prepayment of Indebtedness outstanding under Section 8.04(c), (d), (i) or (t) the result of which is to cause such Indebtedness pursuant to the terms thereof to become due prior to its stated maturity shall not in and of itself constitute an Event of Default under clause (a)(ii) of this Section 9.04 and (ii) it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or above exceeds $25,000,00010,000,000 in the aggregate at any one time; or
Appears in 1 contract
Samples: Credit Agreement (RBS Global Inc)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) Borrower shall (A) default in the payment of any payment with respect to any Indebtedness indebtedness (other than the ObligationsSecured Debt) beyond the period of grace, if any, provided in the an instrument or agreement under which Indebtedness such indebtedness was created created; or (iiB) default in the observance or performance of any agreement or condition relating to any such Indebtedness indebtedness (other than the Secured Debt) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness indebtedness (other than the ObligationsSecured Debt) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid (other than by (A) a regularly scheduled required prepayment, or (ii) a mandatory (prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes and Event of Default)), prior to the stated maturity thereof; provided provided, however, that it shall subpart (ii) does not constitute an Event apply to secured indebtedness that becomes due as a result of Default pursuant to clause (a) the voluntary sale or (b) transfer of this Section 11.04 unless the principal amount of any one issue of property or assets securing such Indebtednessindebtedness, if such sale or transfer is permitted under the aggregate amount of all documents providing for such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; orindebtedness.
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Samples: Fee and Leasehold Deed of Trust Security Agreement and Fixture Filing (Lodging Fund REIT III, Inc.)
Default Under Other Agreements. (a) The Any of Holdings, the US Borrower, the UK Borrower or any of its the Restricted Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) in excess of $30,000,000 in the aggregate, for Holdings, the US Borrower, the UK Borrower and such Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or (except in the case of Indebtedness consisting of any Hedge Agreement) any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required)cause, any such Indebtedness to become due prior to its stated maturity; or (b) without limiting the provisions of clause (a) above, any such Indebtedness (other than the ObligationsIndebtedness consisting of any Hedge Agreement) of the Borrower or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment or as a mandatory prepayment, prior to the stated maturity thereof; provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,000; or
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Default Under Other Agreements. (a) The Borrower Holdings or any of its Subsidiaries shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepaymentprepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment results from a default thereunder or an event of the type that constitutes an Event of Default), prior to the stated maturity thereof; provided provided, that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or exceeds $25,000,00020,000,000 at any one time; or
Appears in 1 contract
Samples: Credit Agreement (Dade Behring Inc)
Default Under Other Agreements. (a) The Borrower Any Credit Party or any of its their respective Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any 128 other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (b) any Indebtedness (other than the Obligations) of the Borrower any Credit Party or any of its their respective Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; provided that provided, that, it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (a) and (b) above, equals or exceeds is at least $25,000,00035,000,000; or
Appears in 1 contract
Samples: Credit Agreement (CVR Refining, LP)
Default Under Other Agreements. (ai) The Borrower Holdings or any of its Subsidiaries shall (ix) default in any payment with respect to of any Indebtedness (other than the ObligationsNotes) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (iiy) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Notes) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (bii) any Indebtedness (other than the ObligationsNotes) of the Borrower Holdings or any of its Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and (bii) aboveis at least $3,500,000 (or in the case of currencies other than Dollars, equals or exceeds $25,000,000the Dollar Equivalent thereof); or
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Default Under Other Agreements. (a) The Borrower Holdings or any of its Restricted Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; Stated Maturity, or (b) any Indebtedness (other than the Obligations) of the Borrower Holdings or any of its Restricted Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity Stated Maturity thereof; provided that it shall not constitute be a Default or an Event of Default pursuant to clause (a) or (b) of under this Section 11.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (a) and (b) above, equals or exceeds $25,000,000is at least equal to the Threshold Amount; or
Appears in 1 contract
Samples: Intercreditor Agreement (Southeastern Grocers, LLC)
Default Under Other Agreements. (a) The Borrower Borrowers or any of its their respective Restricted Subsidiaries shall (i) default in any payment with respect to of any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness (other than the Obligations) or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; , or (biii) any Indebtedness (other than the Obligations) of the Borrower Borrowers or any of its their respective Restricted Subsidiaries shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that (x) it shall not constitute an be a Default or Event of Default pursuant to clause (a) or (b) of under this Section 11.04 10.04 unless the aggregate principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to as described in preceding clauses (ai) and through (b) aboveiii), equals or exceeds inclusive, is at least $25,000,00010,000,000; or
Appears in 1 contract
Samples: Credit Agreement (Furniture Brands International Inc)
Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries ------------------------------ Subsidiaries, if any, shall (i) default in any payment with respect to any Indebtedness (other than the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which Indebtedness was created applicable thereto or (ii) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause (determined without regard to whether any notice is required), any such Indebtedness to become due prior to its stated maturity; or (b) any such Indebtedness (other than the Obligations) of the Borrower or any of its Subsidiaries Subsidiaries, if any, shall be declared to be (or shall become) due and payable, or shall be required to be prepaid other than by a regularly scheduled required prepayment, prior to the stated maturity thereof; , provided that it shall not constitute an Event of Default pursuant to clause (a) or (b) of this -------- Section 11.04 9.04 unless the principal amount of any one issue of such Indebtedness, or the aggregate amount of all such Indebtedness referred to in clauses (a) and (b) above, equals or above exceeds $25,000,0007,500,000 at any one time; or
Appears in 1 contract
Samples: Credit Agreement (Unilab Corp /De/)
