Common use of Defaults Under Other Agreements Clause in Contracts

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,000, (i) such Borrower or a Material Subsidiary of such Borrower shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness indebtedness of such the Borrower outstanding under this Credit Agreement) of such Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,000, 100,000,000 (iother than indebtedness outstanding under this Agreement or Non-Recourse Indebtedness) such Borrower or a Material Subsidiary of such (A) the Borrower shall (A1) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtednessindebtedness, or (B2) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or of the holders of such Indebtedness indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness indebtedness to become due prior to its stated maturity; or (iiB) any such Indebtedness indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, or by a mandatory prepayment upon specified events or mandatory redemptionconditions, in each case, prior to the stated maturity thereof; or (iiiC) any such Indebtedness matures indebtedness shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary of such the Borrower in a principal amount in excess of $100,000,00025,000,000, (i) such the Borrower or a Material Subsidiary of such the Borrower shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Recourse Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such any Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a an aggregate principal amount equal to or in excess of $100,000,00050,000,000, (i) such a Borrower or a Material Subsidiary one of such Borrower its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Recourse Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such Recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Recourse Indebtedness (or a trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Recourse Indebtedness to become due prior to its stated maturity; or (ii) any such Recourse Indebtedness shall be declared due and payable, or required to be prepaid prepaid, repurchased or redeemed other than by a regularly scheduled required prepayment prepayment, repurchase or mandatory redemption, redemption prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Material Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit AgreementA) of such Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,000, (i) such Borrower or a Material Subsidiary of such the Borrower shall (A1) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtednessindebtedness, or (B2) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or of the holders of such Indebtedness indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness indebtedness to become due prior to its stated maturity; or (iiB) any such Indebtedness indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, or by a mandatory prepayment upon specified events or mandatory redemptionconditions, in each case, prior to the stated maturity thereof; or (iiiC) any such Indebtedness matures indebtedness shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,00025,000,000, (i) such Borrower or a Material Subsidiary of such Borrower shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,00025,000,000, (i) such Borrower or a Material Subsidiary of such Borrower shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to (x) any Indebtedness secured indebtedness of the Borrower or (y) any other indebtedness in excess of $20,000,000 (other than Indebtedness of such Borrower indebtedness outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,000, (iA) such Borrower or a Material Subsidiary of such the Borrower shall (A1) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtednessindebtedness, or (B2) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or of the holders of such Indebtedness indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness indebtedness to become due prior to its stated maturity; or (iiB) any such Indebtedness indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iiiC) any such Indebtedness matures indebtedness shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such the Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,000, (i) such the Borrower or a Material Subsidiary of such Borrower shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness in excess of $35,000,000 (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower in a principal amount in excess of $100,000,000, its Principal Subsidiaries (i) such the Borrower or a Material Subsidiary any of such Borrower its Principal Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition existexist other than non-material defaults under any First Mortgage Indenture, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or of the holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturitymaturity (unless no holder, or trustee on behalf of any holder, has asserted that such event constitutes a default thereunder); or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and remain unpaid. The foregoing cross default provision shall not apply to Indebtedness to the extent recourse to the Borrower is not paid at maturitylimited to specific assets in a project financing; i.e., defaults under agreements governing non-recourse project financing indebtedness are excluded.

Defaults Under Other Agreements. With respect to any Indebtedness in excess of $35,000,000 (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower in a principal amount in excess of $100,000,000, its Principal Subsidiaries (i) such the Borrower or a Material Subsidiary any of such Borrower its Principal Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition existexist other than non-material defaults under any First Mortgage Indenture, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or of the holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and remain unpaid. The foregoing cross default provision shall not apply to Indebtedness to the extent recourse to the Borrower is not paid at maturitylimited to specific assets in a project financing; i.e., defaults under agreements governing non-recourse project financing indebtedness are excluded.

Defaults Under Other Agreements. With respect to any Indebtedness (other than the Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Significant Subsidiary of such Borrower in a an aggregate principal amount in excess of $100,000,000, (i) such the Borrower or a Material such Significant Subsidiary of such Borrower shall (A) default in any payment (interest or principal) (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturityremains unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,00035,000,000, (i) such Borrower or a Material Subsidiary of such Borrower shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any recourse Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower any Credit Party or a Material Subsidiary any of such Borrower its Subsidiaries in a an aggregate principal amount equal to or in excess of $100,000,00025,000,000, (i) such Borrower a Credit Party or a Material Subsidiary one of such Borrower its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such recourse Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such recourse Indebtedness (or a trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such recourse Indebtedness to become due prior to its stated maturity; or (ii) any such recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and remain unpaid. With respect to any nonrecourse Indebtedness of any Credit Party or any of its Subsidiaries in an aggregate principal amount in excess of $75,000,000, a default in payment (whether by acceleration or otherwise) shall occur and such payment default is not paid at maturitycured or waived within ninety (90) days after the occurrence thereof.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a an aggregate principal amount in excess of $100,000,00010,000,000, (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereofthereof and such Indebtedness remains unpaid; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such the Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary of such the Borrower in a principal amount in excess of $100,000,00035,000,000, (i) such the Borrower or a Material Subsidiary of such the Borrower shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a an aggregate principal amount in excess of $100,000,000500,000, including, without limitation, the Subordinated Debt (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a an aggregate principal amount in excess of $100,000,0002,000,000, including, without limitation, the Senior Notes or the Subordinated Debt (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower a Credit Party or a Material Subsidiary any of such Borrower their Subsidiaries in a an aggregate principal amount in excess of $100,000,0005,000,000, including, without limitation, the Subordinated Debt or the Additional Subordinated Debt, (i) such Borrower a Credit Party or a Material Subsidiary one of such Borrower its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereofthereof or by a prepayment from the proceeds of an Equity Issuance to the holders of Subordinated Debt or Additional Subordinated Debt; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Recourse Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such any Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a an aggregate principal amount equal to or in excess of $100,000,00050,000,000, (i) such a Borrower or a Material Subsidiary one of such Borrower its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Recourse Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such Recourse Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Recourse Indebtedness (or a trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Recourse Indebtedness to become due prior to its stated maturity; or (ii) any such Recourse Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under 102 this Credit Agreement) of such the Parent, the Borrower or a Material Subsidiary any of such Borrower their Subsidiaries in a an aggregate principal amount in excess of $100,000,0005,000,000, including, without limitation, the Subordinated Debt (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionby a prepayment from the proceeds of an Equity Issuance to the holders of Subordinated Debt, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of any member of the Consolidated Group that exceeds, whether individually or in the aggregate, (1) if such Borrower Indebtedness is recourse to a member of the Consolidated Group, $25,000,000 or (2) if such Indebtedness is not recourse to a Material Subsidiary member of such Borrower in a principal amount in excess of the Consolidated Group, $100,000,000, 50,000,000: (i) such Borrower or a Material Subsidiary member of such Borrower the Consolidated Group shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, Indebtedness or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a principal amount in excess of $100,000,000500,000.00, including, without limitation, the Subordinated Debt and any indebtedness under the New Credit Agreement (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or . (iii) any such Indebtedness matures and is not paid at maturity.h)

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower a Credit Party or a Material Subsidiary any of such Borrower their Subsidiaries in a an aggregate principal amount in excess of $100,000,0005,000,000, including, without limitation, the Subordinated Debt, (i) such Borrower a Credit Party or a Material Subsidiary one of such Borrower its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement obligation relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid. With respect to any Indebtedness incurred pursuant to Section 8.1(m), the holder thereof demands payment thereunder or causes any payment to be made other than as permitted by Section 8.7(b)(ii).

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a principal amount in excess of $100,000,000500,000.00, including, without limitation, the Subordinated Debt and any indebtedness under the New Credit Agreement (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness of such Loan Party or any of its Subsidiaries (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower or any Swap Contract with a Material Subsidiary of such Borrower in a Swap Termination Value under $100.0 million, having an outstanding principal amount in excess of $100,000,000, 100.0 million in the aggregate (i) such Borrower Loan Party or a Material any such Subsidiary of such Borrower shall (A) default in making any payment when due (beyond the after giving effect to any applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace periodperiod with respect thereto) in the observance or performance of any other covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, in each case the effect of which default or other event or condition under (A) or (B) above is to cause, cause or permit, permit the holder or the holders of such Indebtedness (or any trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid prepaid, other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Holdings, the Borrower or a Material Subsidiary any of such Borrower their Subsidiaries in a principal amount in excess of $100,000,0001,000,000, including, without limitation, the Subordinated Debt (i) such Borrower a Credit Party or a Material Subsidiary any of such Borrower its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower a Credit Party or a Material Subsidiary any of such Borrower its Subsidiaries in a principal amount in excess of $100,000,0005,000,000, including, without limitation, the Subordinated Debt (i) such Borrower a Credit Party or a Material Subsidiary any of such Borrower its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such the Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary of such the Borrower in a principal amount in excess of $100,000,000, (i) such the Borrower or a Material Subsidiary of such the Borrower shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a principal amount in excess of $100,000,000500,000.00, including, without limitation, the Subordinated Debt, the Additional Subordinated Debt and any indebtedness under the New Credit Agreement (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated 50 maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness (including the Tranche C Loans, but excluding any other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,0002,500,000 in the aggregate for the Parent and the Consolidated Parties taken as a whole, (i) such Borrower the Parent or a Material Subsidiary of such Borrower any Consolidated Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) the occurrence and continuance of a default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required), any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.* * * * * * *

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,00050,000,000 in the aggregate for the Credit Parties and Subsidiaries, taken as a whole, (i) such Borrower any Credit Party or a Material any Subsidiary of such Borrower shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, permit the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause cause, any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; thereof (other than, in the case of clause (i) or clause (ii) above, (x) any event that permits holders of any Permitted Convertible Indebtedness to convert such Indebtedness or (iiiy) the conversion of any such Indebtedness matures and is not paid at maturity.Permitted Convertible Indebtedness, in either case, into common stock of the Borrower (or other securities or property following a merger event, reclassification or other change of the common stock of the Borrower), cash or a combination thereof, in any case, to the extent permitted under this Agreement); or

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement, but specifically including, without limitation, the Indebtedness evidenced by the UDRT Facility) of such Borrower any Credit Party or a Material Subsidiary any of such Borrower its Subsidiaries in a an aggregate principal amount in excess of $100,000,0005,000,000, (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. With respect to any Indebtedness ------------------------------- (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a principal amount in excess of $100,000,000500,000.00, including, without limitation, the Subordinated Debt, the Additional Subordinated Debt and any indebtedness under the New Credit Agreement (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a principal amount in excess of $100,000,000500,000.00, including, without limitation, the Subordinated Debt, the Additional Subordinated Debt and any indebtedness under the Supplemental Credit Agreement (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,00050,000,000 in the aggregate for the Credit Parties and Subsidiaries, taken as a whole, (i) such Borrower any Credit Party or a Material any Subsidiary of such Borrower shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, permit the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause cause, any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iiiother than, in the case of clause (i) or clause (ii) above, (x) any event that permits holders of any Permitted Convertible Indebtedness to convert such Indebtedness matures and is not paid at maturity.or (y) the conversion of any Permitted Convertible Indebtedness, in either case, into common stock of the Borrower (or other securities or property following a merger event, reclassification or other change of the common stock of the Borrower), cash or a combination thereof, in any case, to the extent permitted under this Agreement); or

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a principal amount in excess of $100,000,000500,000.00, including, without limitation, the Subordinated Debt and any indebtedness under the Working Capital Credit Agreement (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness ------------------------------- (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower its Subsidiaries in a principal amount in excess of $100,000,000500,000.00, including, without limitation, the Subordinated Debt, the Additional Subordinated Debt and any indebtedness under the Supplemental Credit Agreement (i) such Borrower or a Material Subsidiary of such Borrower Credit Party shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any term, covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemptionprepayment, prior to the stated maturity thereof; or (iii) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. (i) With respect to any Indebtedness (other than Indebtedness of such the Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary of such the Borrower in a principal amount in excess of $100,000,000, (iA) such the Borrower or a Material Subsidiary of such the Borrower shall (Ax) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (By) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under clauses (Ax) or (By) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or (iiB) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iiiC) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to (x) any Indebtedness secured ------------------------------- indebtedness of the Borrower or (y) any other indebtedness in excess of $20,000,000 (other than Indebtedness of such Borrower indebtedness outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,000, (iA) such Borrower or a Material Subsidiary of such the Borrower shall (A1) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtednessindebtedness, or (B2) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or of the holders of such Indebtedness indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness indebtedness to become due prior to its stated maturity; or (iiB) any such Indebtedness indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iiiC) any such Indebtedness matures indebtedness shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. (x) With respect to any Indebtedness (other than Indebtedness indebtedness of such the Borrower outstanding under this Credit Agreement) of such Borrower or a Material Subsidiary of such Borrower in a principal amount in excess of $100,000,000, 100,000,000 (iother than indebtedness outstanding under this Agreement or Non-Recourse Indebtedness) such Borrower or a Material Subsidiary of such (A) the Borrower shall (A1) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtednessindebtedness, or (B2) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or of the holders of such Indebtedness indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness indebtedness to become due prior to its stated maturity; or (iiB) any such Indebtedness indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment, or by a mandatory prepayment upon specified events or mandatory redemptionconditions, in each case, prior to the stated maturity thereof; or (iiiC) any such Indebtedness matures indebtedness shall mature and remain unpaid; or (y) any “Event of Default” has occurred and is not paid at maturitycontinuing under the Principal Revolving Credit Agreement.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary any of such Borrower its Wholly-Owned Domestic Subsidiaries in a an aggregate principal amount in excess of $100,000,000, 5,000,000 (i) such Borrower or a Material Subsidiary of such Borrower Person shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and remain unpaid, provided that any such event described in this Section 9.1(g) shall not constitute an Event of Default so long as collection of such Indebtedness is not paid at maturitystayed by action of any court or arbitral tribunal.

Defaults Under Other Agreements. With respect to any Indebtedness of such Loan Party or any of its Subsidiaries (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower or any Swap Contract with a Material Subsidiary of such Borrower in a Swap Termination Value under $100,000,000, having an outstanding principal amount in excess of $100,000,000, 100,000,000 in the aggregate (i) such Borrower Loan Party or a Material any such Subsidiary of such Borrower shall (A) default in making any payment when due (beyond the after giving effect to any applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace periodperiod with respect thereto) in the observance or performance of any other covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, in each case the effect of which default or other event or condition under (A) or (B) above is to cause, cause or permit, permit the holder or the holders of such Indebtedness (or any trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid prepaid, other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.

Defaults Under Other Agreements. (i) With respect to any Indebtedness (other than Indebtedness of such the Borrower outstanding under this Credit Agreement) of such the Borrower or a Material Subsidiary of such the Borrower in a principal amount in excess of $100,000,000, (iA) such the Borrower or a Material Subsidiary of such the Borrower shall (Ax) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (By) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under clauses (Ax) or (By) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause any such Indebtedness to become due prior to its stated maturity; or maturity; (iiB) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; thereof; or (iiiC) any such Indebtedness matures and is not paid at maturity.

Defaults Under Other Agreements. With respect to any Indebtedness (other than Indebtedness of such Borrower outstanding under this Credit Agreement) of such Borrower a Credit Party or a Material Subsidiary any of such Borrower its Subsidiaries in a principal amount in excess of $100,000,0005,000,000 individually, or in the aggregate, including, without limitation, the Subordinated Debt (i) such Borrower a Credit Party or a Material Subsidiary any of such Borrower its Subsidiaries shall (A) default in any payment (beyond the applicable grace period with respect thereto, if any) with respect to any such Indebtedness, or (B) default (after giving effect to any applicable grace period) in the observance or performance of any covenant or agreement relating to such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event or condition shall occur or condition exist, the effect of which default or other event or condition under (A) or (B) above is to cause, or permit, the holder or holders of such Indebtedness (or trustee or agent on behalf of such holders) to cause (determined without regard to whether any notice or lapse of time is required) any such Indebtedness to become due prior to its stated maturity; or (ii) any such Indebtedness shall be declared due and payable, or required to be prepaid other than by a regularly scheduled required prepayment or mandatory redemption, prior to the stated maturity thereof; or (iii) any such Indebtedness matures shall mature and is not paid at maturityremain unpaid.