Common use of Events of Default include Clause in Contracts

Events of Default include. (i) default for 30 days in the payment when due of interest or Liquidated Damages on the Notes whether or not prohibited by Article 10 of the Indenture; (ii) default in payment when due of principal of or premium, if any, on the Notes (including in connection with an offer to purchase) whether or not prohibited by Article 10 of the Indenture , (iii) failure by the Company to comply with Section 4.10 or Section 5.01 of the Indenture and such failure shall have continued for 15 days, after notice from the Company or any holder of Notes, or failure by the Company or any of its Subsidiaries to comply with the provisions of Section 4.07 and Section 4.09 of the Indenture and such failure shall have continued for 30 days after notice from the Company or any holder of Notes; (iv) failure by the Company for 60 days after notice to the Company by the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding to comply with certain other agreements in the Indenture and the Notes; (v) payment default under certain other agreements relating to Indebtedness of the Company or default under certain other agreements relating to the Indenture which default results in the acceleration of such Indebtedness prior to its express maturity; (vi) certain final judgments for the payment of money that remain undischarged for a period of 60 days; (vii) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that are Significant Subsidiaries; and (viii) except as permitted by the Indenture, any Note Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Note Guarantee. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may declare all the Notes to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency, all outstanding Notes will become due and payable without further action or notice. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences under the Indenture except a continuing Default or Event of Default in the payment of interest on, or the principal of, the Notes. The Company is required to deliver to the Trustee annually a statement regarding compliance with the Indenture, and the Company is required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (i) default for 30 days in the payment when due of interest on, or Liquidated Damages on Damages, if any, with respect to, the Notes Notes, whether or not prohibited by Article 10 of the Indenture; (ii) default in payment when due of principal of or premium, if any, on the Notes when the same becomes due and payable at maturity, upon redemption (including in connection with an offer to purchase) or otherwise, whether or not prohibited by Article 10 of the Indenture , Indenture; (iii) failure by the Company to comply with Section 4.10 or Section 5.01 of the Indenture and such failure shall have continued for 15 days, after notice from the Company or any holder of Notes, or Indenture; (iv) failure by the Company or any of its Restricted Subsidiaries to comply with the provisions of Section 4.07 and Section 4.09 Sections 4.07, 4.09. 4.10 or 4.15 of the Indenture and such failure shall have continued for a period of 30 days after notice from to the Company by the Trustee or any holder the Holders of at least 25% in principal amount of the Notes (including Additional Notes, if any) then outstanding voting as a single class; (ivv) failure by the Company or any of its Restricted Subsidiaries for 60 days after notice to the Company by the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes (including Additional Notes, if any) then outstanding voting as a single class to comply with certain observe or perform any other agreements covenant or other agreement in the Indenture and the NotesIndenture; (vvi) payment default under certain other agreements relating to Indebtedness of the Company or default under certain other agreements relating to the Indenture any of its Restricted Subsidiaries that are Significant Subsidiaries, which default results in the acceleration of such Indebtedness prior to its express maturity; (vivii) certain final judgments for the payment of money that remain undischarged for a period of 60 days; (viiviii) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that are Significant Subsidiaries; and (viiiix) except as permitted by the Indenture, any Note Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Note Guarantee. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may declare all the Notes to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency, all outstanding Notes will become due and payable without further action or notice. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences under the Indenture except a continuing Default or Event of Default in the payment of principal of, premium and Liquidated Damages, if any, or interest on, or the principal of, Notes (other than non-payment of amounts that became due solely because of the acceleration of the Notes). The Company is required to deliver to the Trustee annually a statement regarding compliance with the Indenture, and the Company is required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (i) default for 30 days in the payment when due of interest or Liquidated Damages on the Notes whether or not prohibited by Article 10 of the IndentureNotes; (ii) default in payment when due of the principal of or premium, if any, on the Notes (including in connection with an offer to purchase) whether or not prohibited by Article 10 of the Indenture , Notes; (iii) failure by the Company to comply with Section 4.10 or Section 5.01 of the Indenture and such failure shall have continued for 15 days, after notice from the Company or any holder of Notes, or failure by the Company or any of its Subsidiaries to comply with the provisions of Section 4.07 Sections 801, 1013 and Section 4.09 1017 of the Indenture and such failure shall have continued for 30 days after notice from the Company or any holder of NotesIndenture; (iv) failure by the Company or any Subsidiary Guarantor for 60 30 days after notice to the Company by from the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding to comply with certain any of its other agreements in the Indenture and or the Notes; (v) payment default under certain other agreements relating any Subsidiary Guarantee shall for any reason cease to be, or be asserted by the Company or any Subsidiary Guarantor, as applicable, not to be, in full force and effect (except pursuant to the release of any such Subsidiary Guarantee in accordance with the Indenture); (vi) failure by the Company or any of its Subsidiaries to pay Indebtedness of the Company or default under certain any Subsidiary (other agreements relating to than Non-Recourse Indebtedness or Limited Recourse Indebtedness) when due within the Indenture applicable grace period, which default results in the acceleration of such Indebtedness prior to its express maturityexceeds $10 million; (vivii) certain final judgments for the payment entry of money that remain undischarged a judgment in an uninsured or underdemnified aggregate amount in excess of $10.0 million, which judgment is not paid or discharged for a period of 60 30 days; and (viiviii) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that are constitute a Significant Subsidiaries; and (viii) except as permitted by the Indenture, any Note Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect Subsidiary or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Note Guaranteegroup of Subsidiaries that, taken together, would constitute a Significant Subsidiary. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may declare all the Notes to be due and payablepayable immediately. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency, with respect to the Company, any Subsidiary that constitutes a Significant Subsidiary or any group of Subsidiaries that, taken together, would constitute a Significant Subsidiary, all outstanding Notes will become due and payable without further action or notice. Holders of the Notes may not enforce the Indenture or the Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences under the Indenture except a continuing Default or Event of Default in the payment of interest on, or the principal of, the Notes. The Company is required to deliver to the Trustee annually a statement regarding compliance with the Indenture, and the Company is required required, upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (i) default for 30 days in the payment when due of interest or Liquidated Damages on the Notes whether or not prohibited by Article 10 of the IndentureNotes; (ii) default in payment when due of principal of of, or premium, if any, on the Notes when the same becomes due and payable at maturity, upon redemption (including in connection with an offer to purchase) whether or not prohibited by Article 10 of the Indenture otherwise, (iii) failure by the Company or any of its Restricted Subsidiaries to comply with Section 4.10 4.15 or Section 5.01 of the Indenture and such failure shall have continued for 15 days, after notice from the Company or any holder of Notes, or Indenture; (iv) failure by the Company or any of its Restricted Subsidiaries to comply with the provisions of Section 4.07 and Section 4.09 of the Indenture and such failure shall have continued for 30 days after notice from to the Company by the Trustee or any holder the Holders of Notesat least 25% in principal amount of the Notes then outstanding to comply with Section 4.07, 4.09 or 4.10 of the Indenture; (ivv) failure by the Company or any of its Restricted Subsidiaries for 60 days after notice to the Company by the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding to comply with certain observe or perform any other agreements covenant, representation, warranty or other agreement in the Indenture and Indenture, the Security Documents or the Notes; (vvi) payment default under certain other agreements relating to Indebtedness of the Company or default under certain other agreements relating to the Indenture which default is caused by a failure to pay principal of such Indebtedness at the final stated maturity thereof (giving effect to any applicable grace periods and any extensions thereof) or results in the acceleration of such Indebtedness prior to its express maturity; (vivii) certain final judgments for the payment of money that remain undischarged undischarged, unpaid, unrestricted, unbonded or unstayed for a period of 60 days; (viiviii) (x) any Security Document is held in any judicial proceeding to be unenforceable or invalid in any material respect or ceases for any reason to be in full force and effect in any material respect, other than in accordance with the terms of the relevant Security Documents and except solely as a result of any action taken or not taken by the Collateral Trustee that was required to be taken or not taken by the Collateral Trustee pursuant to the Security Documents, (y) any security interest created by any Security Document ceases to be in full force and effect (except as permitted by the terms of the Indenture or the Security Documents and except solely as a result of any action taken or not taken by the Collateral Trustee that was required to be taken or not taken by the Collateral Trustee pursuant to the Security Documents) with respect to Collateral having a fair market value, as determined in good faith by the Company’s Board of Directors, in excess of $10.0 million, and such default continues for a period of 60 days after the Company receives notice thereof from the Trustee or from the Holders of at least 25% in principal amount of the Notes outstanding specifying such default or (z) the Company or any of its Restricted Subsidiaries, or any Person acting on behalf of any of them, asserts in writing that any Collateral having a fair market value, as determined in good faith by the Company’s Board of Directors, in excess of $10.0 million is not subject to a valid, perfected security interest (except as permitted by the terms of the Indenture or Security Documents); (ix) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that are Significant Subsidiaries; and (viiix) except as permitted by the Indenture, any Note Subsidiary Guarantee of a Significant Subsidiary shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor which is a Significant Subsidiary or any Person acting on its behalf shall deny or disaffirm its obligations under its Subsidiary Guarantee, provided, however, that an Event of Default will also be deemed to occur with respect to Subsidiary Guarantors that are not Significant Subsidiaries if the Subsidiary Guarantees of such Guarantor's Note Insignificant Subsidiaries are held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or such Insignificant Subsidiaries deny or disaffirm their obligations under their Subsidiary Guarantees (other than in accordance with the terms of such Subsidiary Guarantee), if when aggregated and taken as a whole such Insignificant Subsidiaries would meet the definition of a Significant Subsidiary. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may declare all the Notes to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency, all outstanding Notes will become due and payable without further action or notice. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences under the Indenture except a continuing Default or Event of Default in the payment of interest on, or the principal of, the Notes. The Company is required to deliver to the Trustee annually a statement regarding compliance with the Indenture, and the Company is required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (ia) default for 30 days in the payment when due of interest or Liquidated Damages on the Notes whether or not prohibited by Article 10 of the IndentureNotes; (iib) default in the payment when due (at maturity, upon redemption or otherwise) of the principal of of, or premiumpremium on, if any, on the Notes (including in connection with an offer to purchase) whether or not prohibited by Article 10 of the Indenture Notes, (iiic) failure by the Company to comply with Section 4.10 or Section 5.01 of the Indenture and such failure shall have continued for 15 days, after notice from the Company or any holder of Notes, or failure by the Company or any of its Restricted Subsidiaries to comply with the provisions of Section 4.07 and Section 4.09 Sections 4.07, 4.09, 4.10, 4.14, or 5.01 of the Indenture and such failure shall have continued for 30 days after notice from the Company or any holder of NotesIndenture; (ivd) (1) failure by the Company or any of its Restricted Subsidiaries for 60 days after notice to the Company by the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding voting as a single class to comply with certain any of the other agreements in the Indenture and or the NotesSecurity Documents, or (2) failure by the Company for 180 days after notice from the Trustee or Holders of at least 25% in aggregate principal amount of the Notes then outstanding to comply with the provisions of Section 4.03 of the Indenture; (ve) payment default under certain other agreements relating to Indebtedness of the Company or default under certain other agreements relating to the Indenture which default is a Payment Default or results in the acceleration of such Indebtedness prior to its express maturity; (vif) certain failure by the Company or any of its Restricted Subsidiaries to pay final judgments for entered by a court or courts of competent jurisdiction aggregating in excess of $20.0 million (to the payment of money that remain undischarged extent not covered by insurance by a reputable and creditworthy insurer as to which the insurer has not disclaimed coverage), which judgments are not paid, discharged or stayed, for a period of 60 days; (viig) subject to certain exceptions and except as permitted by the Indenture, if any security document ceases for any reason to be fully enforceable, certain security interests created by any security documents cease to be in full force and effect, or the repudiation by the Company or any other Guarantor of any of their obligations under any security documents; (h) except as permitted by the Indenture, any Note Guarantee is held in any judicial proceeding to be unenforceable or invalid or ceases for any reason to be in full force and effect, or any Guarantor, or any Person acting on behalf of any Guarantor, denies or disaffirms its obligations under its Note Guarantee; and (i) certain events of bankruptcy (quiebra) or insolvency (concurso mercantil) with respect to the Company or any of its Restricted Subsidiaries that are is a Significant Subsidiaries; and Subsidiary or any group of Restricted Subsidiaries that, taken together, would constitute a Significant Subsidiary. In the case of an Event of Default arising from certain events of bankruptcy (viiiquiebra) except as permitted by or insolvency (concurso mercantil) with respect to the IndentureCompany, any Note Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect Restricted Subsidiary of the Company that is a Significant Subsidiary or any Guarantor group of Restricted Subsidiaries of the Company that, taken together, would constitute a Significant Subsidiary, all outstanding Notes will become due and payable immediately without further action or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Note Guaranteenotice. If any other Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may declare all the Notes to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency, all outstanding Notes will become due and payable without further action or noticeimmediately. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee in its exercise of or exercising any trust or powerpower conferred on it. The Trustee may withhold from Holders of the Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal principal, premium, if any, or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Notes then outstanding Notes by notice to the Trustee may may, on behalf of all the Holders of all of the Notes Notes, rescind an acceleration or waive any an existing Default or Event of Default and its respective consequences under the Indenture except a continuing Default or Event of Default in the payment of principal of, premium on, if any, or interest on, or the principal of, the NotesNotes (including in connection with an offer to purchase). The Company is required to deliver to the Trustee annually a statement regarding compliance with the Indenture, and the Company is required required, upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.

Events of Default include. (i) default for 30 days in the payment when due of interest on, or Liquidated Damages on Damages, if any, with respect to, the Notes Notes, whether or not prohibited by Article 10 of the Indenture; (ii) default in payment when due of principal of or premium, if any, on the Notes when the same becomes due and payable at maturity, upon redemption (including in connection with an offer to purchase) or otherwise, whether or not prohibited by Article 10 of the Indenture , Indenture; (iii) failure by the Company to comply with Section 4.10 or Section 5.01 of the Indenture and such failure shall have continued for 15 days, after notice from the Company or any holder of Notes, or Indenture; (iv) failure by the Company or any of its Restricted Subsidiaries to comply with the provisions of Section 4.07 and Section 4.09 Sections 4.07, 4.09. 4.10 or 4.15 of the Indenture and such failure shall have continued for a period of 30 days after notice from to the Company by the Trustee or any holder the Holders of at least 25% in principal amount of the Notes (including Additional Notes, if any) then outstanding voting as a single class; (ivv) failure by the Company or any of its Restricted Subsidiaries for 60 days after notice to the Company by the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes (including Additional Notes, if any) then outstanding voting as a single class to comply with certain observe or perform any other agreements covenant or other agreement in the Indenture and the NotesIndenture; (vvi) payment default under certain other agreements relating to Indebtedness of the Company or default under certain other agreements relating to the Indenture any of its Restricted Subsidiaries that are Significant Subsidiaries, which default results in the acceleration of such Indebtedness prior to its express maturity; (vivii) certain final judgments for the payment of money that remain undischarged for a period of 60 days; (viiviii) certain events of bankruptcy or insolvency with respect to the Company or any of its Restricted Subsidiaries that are Significant Subsidiaries; and (viiiix) except as permitted by the Indenture, any Note Guarantee shall be held in any judicial proceeding to be unenforceable or invalid or shall cease for any reason to be in full force and effect or any Guarantor or any Person acting on its behalf shall deny or disaffirm its obligations under such Guarantor's Note Guarantee. If any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may declare all the Notes to be due and payable. Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency, all outstanding Notes will become due and payable without further action or notice. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences under the Indenture except a continuing Default or Event of Default in the payment of principal of, premium and Liquidated Damages, if any, or interest on, or the principal of, Notes (other than non-payment of amounts that became due solely because of the acceleration of the Notes). The Company is required to deliver to the Trustee annually a statement regarding compliance with the Indenture, and the Company is required upon becoming aware of any Default or Event of Default, to deliver to the Trustee a statement specifying such Default or Event of Default.