Common use of Default Under Other Agreements Clause in Contracts

Default Under Other Agreements. (i) Any Credit Party shall default in the payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan Documents) in excess of $10,000,000 in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, or (ii) a default shall occur in the performance or observance of any agreement or condition 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity or (iii) any such Indebtedness of any Credit Party shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a default, prior to the stated maturity thereof; or

Appears in 9 contracts

Samples: Revolving Credit Agreement (TPC Group Inc.), Security Agreement (Texas Petrochemicals Inc.), Security Agreement (Texas Petrochemicals Inc.)

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Default Under Other Agreements. (i) Any Credit Loan Party or any of its Subsidiaries shall default in the payment when duedue (whether by scheduled maturity, whether at stated maturity required prepayment, acceleration, demand or otherwise, ) of any amount owing in respect of any Indebtedness of such Loan Party or any of its Subsidiaries (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) in excess of $10,000,000 in the aggregate beyond the period principal amount of grace, if any, provided in the instrument $5,000,000 or agreement under which such Indebtedness was created, more; or (ii) a any Loan Party or any of its Subsidiaries shall default shall occur in the performance or observance of any agreement obligation or condition with respect to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event shall occur or condition shall exist, if the effect of which default or other such default, event or condition is to cause, accelerate the maturity or cause a mandatory redemption of any such Indebtedness or to permit the holder or holders of such Indebtedness (thereof, or a any trustee or agent on behalf for such holders, to accelerate the maturity or require a redemption or other repurchase thereof of any such holder Indebtedness, or holders) to cause (determined without regard to whether any notice of acceleration or similar notice is required), any such Indebtedness to shall become due or be repaid declared to be due and payable prior to its stated maturity other than as a result of a regularly scheduled payment; or (iii) any such Indebtedness of any Credit Party shall be declared to be due and payable, or shall be required to be prepaid prepaid, redeemed, 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 its stated maturity other than by as a result of a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a default, prior to the stated maturity thereof; orpayment.

Appears in 5 contracts

Samples: Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc)

Default Under Other Agreements. (ia) Any Credit Party shall (i) default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) in excess having a principal amount of $10,000,000 500,000 or more individually or $1,000,000 or more in the aggregate aggregate, for all Credit Parties and their Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party or any of its respective Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 4 contracts

Samples: Securities Pledge Agreement (Carson Inc), Securities Pledge Agreement (Carson Inc), Credit Agreement (Carson Inc)

Default Under Other Agreements. A Borrower shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan Documents) in excess of $10,000,000 which individually or in the aggregate equals or exceeds the lower of $25 million or 3% of such Borrower's net asset value determined in accordance with GAAP beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), ) any such Indebtedness to become due or be repaid prior to its stated maturity maturity, or (iii) any such Indebtedness indebtedness of any Credit Party a Borrower shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof, provided that it shall not be a Default or an Event of Default under this Section 8.04; or

Appears in 4 contracts

Samples: Credit Agreement (Sierra Prime Income Fund), Credit Agreement (Sierra Prime Income Fund), Credit Agreement (Sierra Prime Income Fund)

Default Under Other Agreements. the Borrower or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness the Obligations) owed to the Lenders under the Loan Documents) in excess any Lender, or having an unpaid principal amount of $10,000,000 in 1,000,000 or greater, and such default shall continue after the aggregate beyond the period of graceapplicable grace period, if any, provided specified in the agreement or instrument or agreement under which relating to such Indebtedness was createdIndebtedness, or (ii) a default shall occur in the observance or performance or observance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating theretothereto (and all grace periods applicable to such observance, performance or condition shall have expired), 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 maturity; or (iii) any such Indebtedness of the Borrower or any Credit Party of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid (other than by a regularly scheduled required payment prepayment or mandatory prepayment arising other than due to the existence of a defaultredemption, prior to the stated maturity thereof); or

Appears in 4 contracts

Samples: Credit Agreement (Healthcare Recoveries Inc), Credit Agreement (NCS Healthcare Inc), Credit Agreement (Trover Solutions Inc)

Default Under Other Agreements. (i) Any Credit Loan Party shall default in the payment when duedue (whether by scheduled maturity, whether at stated maturity required prepayment, acceleration, demand or otherwise, ) of any amount owing in respect of any Indebtedness (including any Indebtedness under the Existing Senior Notes, the Existing Convertible Notes, the Travelers Revolving Credit Notes or the News Promissory Notes) (other than Indebtedness owed to the Lenders under the Obligations); or any Loan Documents) in excess of $10,000,000 in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, or (ii) a Party shall default shall occur in the performance or observance of any agreement obligation or condition with respect 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, if the effect of which default or other such default, event or condition is to cause, accelerate the maturity of any such Indebtedness or to permit (without regard to any required notice or lapse of time) the holder or holders of such Indebtedness (thereof, or a any trustee or agent on behalf for such holders, to accelerate the maturity of any such holder Indebtedness, or holders) to cause (determined without regard to whether any notice of acceleration or similar notice is required), any such Indebtedness to shall become due or be repaid prior to its stated maturity or (iii) any such Indebtedness of any Credit Party shall be declared to be due and payable, or required payable prior to be prepaid its stated maturity other than by as a result of a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a default, prior to the stated maturity thereof; orpayment.

Appears in 3 contracts

Samples: Bridge Loan Agreement (PLD Telekom Inc), Bridge Loan Agreement (PLD Telekom Inc), Bridge Loan Agreement (Metromedia International Group Inc)

Default Under Other Agreements. The Borrower or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsNotes) with an outstanding principal balance in excess of $10,000,000 in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance of any agreement or condition relating to any such Indebtedness beyond the grace period as provided therein (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 any such 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 maturity; or (iii) any such Indebtedness of the Borrower or any Credit Party of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 3 contracts

Samples: Credit Agreement (RAM Holdings Ltd.), Credit Agreement (RAM Holdings Ltd.), Credit Agreement (Radian Group Inc)

Default Under Other Agreements. (i) Any Credit Party shall (x) default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness which is Recourse to any Credit Party (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) in excess of $10,000,000 in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (iiy) a default shall occur in the observance or performance or observance 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 shall 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 (or to be declared) due or be repaid prior to its stated maturity maturity, provided that it shall not be a Default or an Event of Default under this Section 10.04 unless the aggregate principal amount of all Indebtedness outstanding at such time as described in preceding clauses (iiix) any such Indebtedness of any Credit Party shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a default, prior to the stated maturity thereof(y) is at least $50,000,000; or

Appears in 2 contracts

Samples: Credit Agreement (Trizec Properties Inc), Credit Agreement (Trizec Properties Inc)

Default Under Other Agreements. (i) Any Credit Party The Borrower or any of its Subsidiaries shall default in the payment when duedue (whether by scheduled maturity, whether at stated maturity required prepayment, acceleration, demand or otherwise, ) of any amount owing in respect of any Indebtedness (other than Indebtedness owed to in the Lenders under the Loan Documents) in excess principal amount of $10,000,000 in the aggregate beyond the period of grace, if any, provided in the instrument 100,000,000 or agreement under which more and such Indebtedness was created, or (ii) a default shall occur continue beyond any applicable grace period; or the Borrower or any of its Subsidiaries shall default in the performance or observance of any agreement obligation or condition with respect 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, if the effect of which default or other such default, event or condition is to cause, accelerate the maturity of any such Indebtedness or to permit the holder or holders of such Indebtedness (thereof, or a any trustee or agent on behalf for such holders, to accelerate the maturity of any such Indebtedness, unless, in each case, waived by such holder or holders) to cause (determined without regard to whether any notice of acceleration , or similar notice is required), any such Indebtedness to shall become due or be repaid prior to its stated maturity or (iii) any such Indebtedness of any Credit Party shall be declared to be due and payable, or required payable prior to be prepaid its stated maturity other than by as a result of a regularly scheduled required payment or mandatory prepayment arising other than due to payment, and the existence principal amount of a default, prior to the stated maturity thereofsuch Indebtedness exceeds $100,000,000; or

Appears in 2 contracts

Samples: Credit Agreement (Eastman Chemical Co), Credit Agreement (Eastman Chemical Co)

Default Under Other Agreements. The Borrower or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) in excess of $10,000,000 75,000,000 individually or $150,000,000 in the aggregate aggregate, for the Borrower and its Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 or lapse of acceleration or similar notice time is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment prepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment arising other than due to results from a default or an event of the existence type that constitutes an Event of a defaultDefault), prior to the stated maturity thereof; or

Appears in 2 contracts

Samples: Credit Agreement (Rj Reynolds Tobacco Holdings Inc), Credit Agreement (Rj Reynolds Tobacco Holdings Inc)

Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) in excess of $10,000,000 200,000,000, individually or in the aggregate aggregate, for the Borrower and its Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 or lapse of acceleration or similar notice time is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment prepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment arising other than due to results from a default or an event of the existence type that constitutes an Event of a defaultDefault), prior to the stated maturity thereof; or

Appears in 2 contracts

Samples: Credit Agreement (Reynolds American Inc), Credit Agreement (Reynolds American Inc)

Default Under Other Agreements. Either Borrower, the Guarantor or any of their Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan Documents) in excess of $10,000,000 15,000,000 in the aggregate (other than the Notes) beyond the period of gracegrace (not to exceed 30 days), if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 any 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 maturity; or (iii) any such Indebtedness of either Borrower, the Guarantor or any Credit Party of their Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 2 contracts

Samples: Credit Agreement (Omnicom Group Inc), Credit Agreement (Omnicom Group Inc)

Default Under Other Agreements. Client shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness material indebtedness or obligations (other than Indebtedness owed to the Lenders obligations incurred hereunder, under the Loan DocumentsAircraft Agreement or under the Factoring Agreement) in excess of $10,000,000 in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness indebtedness or obligation was created, created or (ii) a default shall occur in the observance or performance or observance of any agreement or condition relating to any such Indebtedness material indebtedness or obligation (other than obligations incurred hereunder, under the Aircraft Agreement or under the Factoring Agreement) 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 obligation (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 indebtedness or obligation to become due or be repaid prior to its stated maturity maturity; or (iii) any such Indebtedness material indebtedness or obligation of any Credit Party of the parties shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or;

Appears in 1 contract

Samples: Aircraft Collateral Funding Repayment Agreement (Airship International LTD)

Default Under Other Agreements. the Borrower or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness the Obligations) owed to the Lenders under the Loan Documents) in excess any Lender, or having an unpaid principal amount of $10,000,000 in 100,000 or greater, and such default shall continue after the aggregate beyond the period of graceapplicable grace period, if any, provided specified in the agreement or instrument or agreement under which relating to such Indebtedness was createdIndebtedness, or (ii) a default shall occur in the observance or performance or observance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating theretothereto (and all grace periods applicable to such observance, performance or condition shall have expired), 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 maturity; or (iii) any such Indebtedness of the Borrower or any Credit Party of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid (other than by a regularly scheduled required payment prepayment or mandatory prepayment arising other than due to the existence of a defaultredemption, prior to the stated maturity thereof); or

Appears in 1 contract

Samples: Credit Agreement (Miami Computer Supply Corp)

Default Under Other Agreements. (i) Any Credit Party shall default in the payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan Documents) in excess of $10,000,000 in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, or (ii) a default shall occur in the performance or observance of any agreement or condition 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity, or (iii) any such Indebtedness of any Credit Party shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Huntsman Advanced Materials (UK) LTD)

Default Under Other Agreements. Borrower shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan Documents) indebtedness for borrowed money in excess of $10,000,000 in 1,000,000 (other than the aggregate Note) beyond the period of grace, grace if any, provided in the instrument or agreement under which such Indebtedness indebtedness for borrowed money in excess of $1,000,000 was created, or (ii) a default shall occur in the observance or performance or observance of any agreement or condition relating to any such Indebtedness indebtedness for borrowed money in excess of $1,000,000 (other than the Note) 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 for borrowed money in excess of $1,000,000 (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 indebtedness for borrowed money in excess of $1,000,000 to become due or be repaid prior to its stated maturity or (iii) any such Indebtedness indebtedness for borrowed money in excess of any Credit Party $1,000,000 of Borrower shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Loan and Investment Agreement (Hospitality Marketing Concepts Inc)

Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any with respect to Indebtedness (other than Indebtedness owed to the Lenders under the Loan Documents) Obligations), in excess of $10,000,000 3,000,000 individually or in the aggregate aggregate, for the Borrower and its Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of the Borrower or any Credit Party of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Universal American Financial Corp)

Default Under Other Agreements. (a) The Company or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any with respect to Indebtedness (other than Indebtedness owed to the Lenders amounts due under the Loan Documentsthis Agreement) in excess of $10,000,000 individually or in the aggregate aggregate, for the Company and its Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration acceleration, or similar any lapse of time prior to the effectiveness of any notice of acceleration, is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party the Company or its Subsidiaries in excess of $10,000,000 shall be declared to be due and payable, payable or required to be prepaid prepaid, other than by a regularly scheduled required payment prepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment arising other than due to results from a default thereunder or an event of the existence type that constitutes an Event of a defaultDefault), prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Quanta Capital Holdings LTD)

Default Under Other Agreements. (ia) Any Credit Party or its respective Subsidiaries shall (i) default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) having a principal amount in excess of $10,000,000 100,000 in the aggregate for all Credit Parties and their Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party or any of its respective Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Wheels Sports Group Inc)

Default Under Other Agreements. The Borrower or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsNotes) with an outstanding principal balance in excess of $10,000,000 in the aggregate 15,000,000 beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance of any agreement or condition relating to any such Indebtedness beyond the grace period as provided therein (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 any such 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 maturity; or (iii) any such Indebtedness of the Borrower or any Credit Party of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Ambac Financial Group Inc)

Default Under Other Agreements. Any Borrower, the Guarantor or any of their Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan Documents) in excess of $10,000,000 60,000,000 in the aggregate (other than the Notes) beyond the period of gracegrace (not to exceed 30 days), if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 any 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 maturity; or (iii) any such Indebtedness of any Credit Party Borrower, the Guarantor or any of their Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Omnicom Group Inc)

Default Under Other Agreements. (ia) Any Credit Party or its respective Subsidiaries shall (i) default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) having a principal amount in excess of $10,000,000 500,000 individually or $1,000,000 in the aggregate for all Credit Parties and their Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party or any of its respective Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Holley Performance Products Inc)

Default Under Other Agreements. (a) The Company or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any with respect to Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsLoans) in excess of $10,000,000 25,000,000 individually or in the aggregate aggregate, for the Company and its Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration acceleration, or similar any lapse of time prior to the effectiveness of any notice of acceleration, is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party the Company or its Subsidiaries in excess of $25,000,000 shall be declared to be due and payable, payable or required to be prepaid prepaid, other than by a regularly scheduled required payment prepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment arising other than due to results from a default thereunder or an event of the existence type that constitutes an Event of a defaultDefault), prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Quanta Capital Holdings LTD)

Default Under Other Agreements. Either the Borrower or the Guarantor the shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsNotes) in excess of $10,000,000 in the an aggregate equal or greater than US$20,000,000 beyond the period of gracegrace (not to exceed 30 days), if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance of any agreement guarantee, agreement, collateral arrangements 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 Bank 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 whether or (iii) not such holder excersises its rights of acceleration; or any such Indebtedness of any Credit Party the Borrower or the Guarantor shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Panamerican Beverages Inc)

Default Under Other Agreements. (ia) Any Credit Party or its respective Subsidiaries shall (i) default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) having a principal amount in excess of $10,000,000 250,000 in the aggregate for all Credit Parties and their Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party or any of its respective Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Styling Technology Corp)

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Default Under Other Agreements. (a) ATel shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) having a principal amount in excess of $10,000,000 25,000 individually or $50,000 in the aggregate aggregate, for ATel and its Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, or (ii) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity or (iii) any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit any other party to any such agreement to cause, the termination of 50 - 45 - such agreement or the imposition of a monetary penalty in excess of $25,000 or a material limitation on ATel's rights under such agreement; or (b) any Indebtedness of ATel or any Credit Party of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment prepayment (but not including any prepayment required by reason of sale of assets, excess cash flow, change of control or other customary mandatory prepayment arising other than due to the existence of a defaultevents), prior to the stated maturity thereof; or.

Appears in 1 contract

Samples: Securities Pledge Agreement (American Telecasting Inc/De/)

Default Under Other Agreements. (ia) Any Credit Party shall (i) default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) in excess having a principal amount of $10,000,000 500,000 or more individually or $1,000,000 or more in the aggregate aggregate, for all Credit Parties and their Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party or any of its respective Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Secured Term Loan Agreement (Carson Inc)

Default Under Other Agreements. (i) Any Credit Party The Borrower or any of its Subsidiaries shall (x) default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) in excess of $10,000,000 in the aggregate beyond the period of grace, if any, provided in the an instrument or agreement under which such Indebtedness was created, created or (iiy) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity or (iiiii) any such Indebtedness (other than the Obligations) of the Borrower or any Credit Party of its Subsidiaries shall be declared to be (or shall become) due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or, provided that it shall not be a Default or an Event of Default under this

Appears in 1 contract

Samples: Credit Agreement (First Horizon Pharmaceutical Corp)

Default Under Other Agreements. (i) Any Credit Party shall default in the payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan Documents) in excess of $10,000,000 20,000,000 in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, or (ii) a default shall occur in the performance or observance of any agreement or condition 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity or (iii) any such Indebtedness of any the Credit Party Parties shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Ball Corp)

Default Under Other Agreements. The Borrower shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsNotes) in excess of $10,000,000 in the aggregate equal or greater than US$ 20,000,000 beyond the period of gracegrace (not to exceed 30 days), if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance of any agreement guarantee, agreement, collateral arrangements 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 Bank 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 whether or (iii) not such holder excersises its rights of acceleration; or any such Indebtedness of any Credit Party the Borrower or Panamerican Beverages, Inc. shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Panamerican Beverages Inc)

Default Under Other Agreements. (a) Holdings, the Borrower or any of their respective Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) in excess of $10,000,000 in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, applicable thereto or (ii) a default shall occur in the observance or performance or observance 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 of results in acceleration or similar notice is required), the renegotiation of the material payment terms of any such Indebtedness to become due or be repaid prior to its stated maturity or maturity, (iiib) any such Indebtedness of Holdings or any Credit Party of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof, provided that it shall not constitute an Event of Default pursuant to this Section 8.04 unless the aggregate principal amount of such Indebtedness in default exceeds $5,000,000 at any one time or (c) an "Event of Default" (as defined in the Existing Credit Agreement) shall occur; or

Appears in 1 contract

Samples: Credit Agreement (R&b Falcon Corp)

Default Under Other Agreements. (ia) Any Credit Party or its respective Subsidiaries shall (i) default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) having a principal amount in excess of $10,000,000 500,000 in the aggregate for all Credit Parties and their Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity, PROVIDED that to the extent that the Xxxx Payment is not made because it would cause a Default or Event of Default hereunder, such nonpayment will not constitute a Default or Event of Default under this Section 8.04; or (iiib) any such Indebtedness of any Credit Party or any of its respective Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Styling Technology Corp)

Default Under Other Agreements. (i) Any Credit Party shall default in the payment when due, whether at stated maturity or -------------------------------- otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan Documents) in excess of $10,000,000 5,000,000 in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, or (ii) a default shall occur in the performance or observance of any agreement or condition 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity or (iii) any such Indebtedness of any Credit Party shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a default, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Us Can Corp)

Default Under Other Agreements. (ia) Any Credit Party The Buyer shall (A) default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness indebtedness for borrowed money (other than Indebtedness owed in relation to the Lenders under the Loan DocumentsDeferred Consideration) which indebtedness has an outstanding principal amount in excess of $5,000,000 individually or $10,000,000 in the aggregate for the Buyer, beyond the period of grace, if any, ,provided in the instrument or agreement under which such Indebtedness indebtedness was created, created or (iiB) a default shall occur in the observance or performance or observance of any agreement agreement, covenant or condition relating to any such Indebtedness 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 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)cause, any such Indebtedness indebtedness to become due or be repaid prior to its stated maturity 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 (iii) after giving effect to any such Indebtedness of any Credit Party shall be declared to be due consent or waiver obtained and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a default, prior to the stated maturity thereofthen in effect thereunder); or

Appears in 1 contract

Samples: Euronet Worldwide Inc

Default Under Other Agreements. (ia) Any Credit Party or any of their respective Subsidiaries shall (i) default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) in excess of $10,000,000 in the aggregate beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, applicable thereto or (ii) a default shall occur in the observance or performance or observance 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 of results in acceleration or similar notice is required), the renegotiation of the material payment terms of any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party or any of their respective Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof, provided that it shall not constitute an Event of Default pursuant to this Section 9.04 unless (x) the aggregate principal amount of such Indebtedness in default exceeds $10,000,000 at any one time and (y) adequate reserves (determined in accordance with GAAP) have not been provided; or

Appears in 1 contract

Samples: Credit Agreement (Ensco International Inc)

Default Under Other Agreements. The Borrower or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsNotes) with an outstanding principal balance in excess of $10,000,000 in the aggregate 5,000,000 beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance of any agreement or condition relating to any such Indebtedness beyond the grace period as provided therein (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 any such 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 maturity; or (iii) any such Indebtedness of the Borrower or any Credit Party of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Radian Group Inc)

Default Under Other Agreements. (i) Any Credit Party or Holding’s Parent shall (x) default in the any payment when due, whether at stated maturity or otherwise, of any Indebtedness which is Recourse to any Credit Party or Holding’s Parent (other than Indebtedness owed to the Lenders under the Loan Documents) in excess of $10,000,000 than, in the aggregate case of the Credit Parties, the Obligations) beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (iiy) a default shall occur in the observance or performance or observance 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 shall 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 (or to be declared) due or be repaid prior to its stated maturity maturity, provided that it shall not be a Default or an Event of Default under this Section 8.04 unless the aggregate principal amount of all Indebtedness outstanding at such time as described in preceding clauses (iiix) any such Indebtedness of any Credit Party shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a default, prior to the stated maturity thereof(y) is at least $50,000,000; or

Appears in 1 contract

Samples: Credit Agreement (Trizec Properties Inc)

Default Under Other Agreements. (a) The Borrower or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of any with respect to Indebtedness (other than the Obligations but including Indebtedness owed incurred pursuant to the Lenders under the Loan DocumentsOther Credit Agreement) having a principal balance in excess of $10,000,000 3,000,000 individually or in the aggregate aggregate, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of the Borrower or any Credit Party of its Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Universal American Financial Corp)

Default Under Other Agreements. (ia) Any Credit Party shall (i) ------------------------------ default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) in excess having a principal amount of $10,000,000 500,000 or more individually or $1,000,000 or more in the aggregate aggregate, for all Credit Parties and their Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 of acceleration or similar notice is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party or any of its respective Subsidiaries shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment or mandatory prepayment arising other than due to the existence of a defaultprepayment, prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Carson Products Co)

Default Under Other Agreements. (a) Parent or any of its Subsidiaries shall (i) Any Credit Party shall default in the any payment when due, whether at stated maturity or otherwise, of with respect to any Indebtedness (other than Indebtedness owed to the Lenders under the Loan DocumentsObligations) in excess of $10,000,000 75,000,000 individually or $150,000,000 in the aggregate aggregate, for Parent and its Subsidiaries, beyond the period of grace, if any, provided in the instrument or agreement under which such Indebtedness was created, created or (ii) a default shall occur in the observance or performance or observance 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 or lapse of acceleration or similar notice time is required), any such Indebtedness to become due or be repaid prior to its stated maturity maturity; or (iiib) any such Indebtedness of any Credit Party shall be declared to be due and payable, or required to be prepaid other than by a regularly scheduled required payment prepayment or as a mandatory prepayment (unless such required prepayment or mandatory prepayment arising other than due to results from a default or an event of the existence type that constitutes an Event of a defaultDefault), prior to the stated maturity thereof; or

Appears in 1 contract

Samples: Credit Agreement (Reynolds American Inc)

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