Common use of Existing Indebtedness; Future Liens Clause in Contracts

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor and its Subsidiaries as of June 30, 2015 (including a description of the obligors, principal amount outstanding and general description of the collateral therefor, if any, and Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formula, sinking funds, installment payments or maturities of such Indebtedness of the Parent Guarantor or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as of the date of Closing. Neither any Obligor nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor or such Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor Company and its Subsidiaries for borrowed money as of June 30, 2015 the Closing Date (and after giving effect to the incurrence and repayment of Indebtedness occurring on the Closing Date) the outstanding principal amount of which exceeds $10,000,000 (including a description descriptions of the obligorsobligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and general description of the collateral therefor, if any, and Guaranty any Guaranties thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such the Indebtedness of the Parent Guarantor Company or its Subsidiaries Subsidiaries. The aggregate amount of all outstanding Indebtedness of the Company and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as of the date of Closingnot set forth in Schedule 5.15 does not exceed $10,000,000. Neither any Obligor the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor the Company or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor Parent, the Company and its Subsidiaries as of June 30April 19, 2015 2022 (including a description descriptions of the obligorsobligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and general description of the collateral therefor, if any, and any Guaranty thereof, if any), since which date there has been no Material change in the amountsamounts (other than changes in line of credit balances arising in the ordinary course of business of the Company), interest rate, rates (other than with respect to variable interest rates and changes in the underlying index or formularates), sinking funds, installment payments or maturities of such the Indebtedness of the Parent Guarantor or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as Subsidiaries. None of the date of Closing. Neither any Obligor Parent, the Company nor any Subsidiary of their Subsidiaries is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor of the Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor the Parent, the Company or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.,

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor Company and its Subsidiaries as of June 30, 2015 2020 (including descriptions of the obligors and the original lender (or, if applicable, administrative agent) therefor, principal amounts outstanding, whether or not secured and a description of the obligors, principal amount outstanding and general description of the collateral therefor, if any, and Guaranty any Guaranties thereof, if any), since which date there has been no Material change in the amountsamounts (other than changes in line of credit balances arising in the ordinary course of business of the Company), interest rate, rates (other than with respect to variable interest rates and changes in the underlying index or formularates), sinking funds, installment payments or maturities of such the Indebtedness of the Parent Guarantor Company or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject Subsidiaries, except as otherwise disclosed in the Company’s filings with the SEC or otherwise in writing to the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as of the date of ClosingPurchasers. Neither any Obligor the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor the Company or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor and its Subsidiaries as of June September 30, 2015 2012 (including a description of the obligors, principal amount outstanding and general description of the collateral therefor, if any, and Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formula, sinking funds, installment payments or maturities of such Indebtedness of the Parent Guarantor or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as of the date of Closing. Neither any Obligor nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor or such Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor and its Subsidiaries the outstanding principal amount of which exceeds $1,000,000 (or its equivalent in the relevant currency of payment) as of June September 30, 2015 2018 (including a description descriptions of the obligorsobligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and general description of the collateral therefor, if any, and any Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such Indebtedness of the Parent Guarantor or its Subsidiaries and (ii) Subsidiaries. The aggregate principal amount of all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to outstanding Indebtedness of the Parent Guarantor and its Subsidiaries not set forth on Schedule 5.15 does not exceed $25,000,000 (or its Subsidiaries as equivalent in the relevant currency of the date of Closingpayment). Neither any Obligor the Parent Guarantor nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor of the Parent Guarantor or such Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor the Parent Guarantor or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 (or its equivalent in the relevant currency of payment) that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list description of (i) all outstanding Indebtedness of the Parent Guarantor Guarantor, the Company and its their respective Subsidiaries as of June 30, 2015 2017 or as subsequently updated pursuant to Section 4.1 (including a description of the obligors, principal amount outstanding and general description of the collateral therefor, if any, and Guaranty guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such the Indebtedness of the Parent Guarantor Guarantor, the Company or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to their respective Subsidiaries. Neither the Parent Guarantor or its Subsidiaries as of Guarantor, the date of Closing. Neither any Obligor Company nor any Subsidiary of their respective Subsidiaries is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor of the Parent Guarantor, the Company or such Subsidiary Subsidiary, and no event or condition exists with respect to any Indebtedness of any Obligor the Parent Guarantor, the Company or any Subsidiary of their respective Subsidiaries the outstanding principal amount of which exceeds $1,000,000 25,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 to the Supplement sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor Company and its Subsidiaries as of June 30, 2015 [ ] (including a description of the obligorsobligors and obligees, principal amount outstanding and general description of the collateral therefor, if any, and Guaranty guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such the Indebtedness of the Parent Guarantor Company or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as of the date of ClosingSubsidiaries. Neither any Obligor the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor of the Company or such any Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor the Company or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment. [Add any additional Sections as appropriate at the time the Series Notes are issued and any exceptions to the representations and warranties] Exhibit 1 to Supplement FORM OF SERIES [ ] NOTE EXHIBIT 1.3(a) SUBSIDIARY GUARANTY THIS GUARANTY (this “Guaranty”) dated as of May 29, 2008 is made by each of the undersigned (each being a “Guarantor”), in favor of the holders from time to time of the Notes hereinafter referred to and their respective successors and assigns (collectively, the “Holders” and each individually, a “Holder”).

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 (as such Schedule 5.15 may be updated by the Company for each Closing pursuant to any Supplement executed and delivered in connection with such Closing) sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor Company and its Subsidiaries in an aggregate principal amount exceeding $10,000,000 as of June 30August 3, 2015 2020 (in the case of the Effective Date) and as of each Closing Day (as such Schedule 5.15 may be updated by the Company for each Closing pursuant to any Supplement executed and delivered in connection with such Closing) (including a description descriptions of the obligorsobligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and general description of the collateral therefor, if any, and any Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such Indebtedness of the Parent Guarantor or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as of the date of Closing. Neither any Obligor nor any Subsidiary The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on the Specified Credit Facility or any other Material Indebtedness either Obligor or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Indebtedness of any Obligor the Specified Credit Facility or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 other Material Indebtedness that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause the Specified Credit Facility or such Indebtedness other Material Indebtedness, as applicable, to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor Trust and its Subsidiaries as of June 30March 31, 2015 2006 (including a description of the obligorsobligors and obligees, principal amount outstanding and general description of the collateral therefor, if any, and Guaranty any Guarantee Obligation in respect thereof, if any), since which date date, except as described therein, there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such the Indebtedness of the Parent Guarantor Trust or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as of the date of ClosingSubsidiaries. Neither any Obligor the Trust nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Material Indebtedness either Obligor of the Trust or such Subsidiary and no event or condition exists with respect to any Material Indebtedness of any Obligor the Trust or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Material Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment. Except as disclosed in Schedule 5.15, neither the Trust nor any Subsidiary has agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.10.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor Note Parties and its their Subsidiaries as of June September 30, 2015 2014 (including a description descriptions of the obligorsobligors and obligees (or the agent, trustee or other entity acting in a similar capacity), principal amount outstanding amounts outstanding, whether or not secured and general description of the collateral therefor, if any, and Guaranty any Guaranties thereof, if any), since which date there has been no Material change (except in connection with the Second Closing and Third Closing, for changes reasonably satisfactory to the Purchasers in such Second Closing or such Third Closing as the case may be) in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such the Indebtedness of the Parent Guarantor any Note Party or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as of the date of ClosingSubsidiaries. Neither any Obligor the Note Parties nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor of any such Note Party or such Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor such Note Party or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor and its Subsidiaries (other than Indebtedness owed by the Guarantor and/or its Subsidiaries to the Guarantor and/or its Subsidiaries) as of June 30, 2015 2005 (including a description of the obligorsobligors and obligees, principal amount outstanding and general description of the collateral therefor, if any, and Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such the Indebtedness of the Parent Guarantor or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as Subsidiaries. Neither of the date of Closing. Neither any Obligor Obligors nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of either Obligor or such Subsidiary Subsidiary, and no event or condition exists with respect to any Indebtedness of any either Obligor or any Subsidiary Subsidiary, the outstanding principal amount of which exceeds $1,000,000 U.S.$500,000, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor and its Subsidiaries as of June 30, 2015 2017 (including a description descriptions of the obligorsobligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and general description of the collateral therefor, if any, and Guaranty any Guaranties thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such the Indebtedness of the Parent Guarantor or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to Subsidiaries. Neither the Parent Guarantor or its Subsidiaries as of the date of Closing. Neither any Obligor nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor of the Parent Guarantor or such Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor the Parent Guarantor or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 2,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 (as may be updated by the Company for each Closing pursuant to any Supplement executed and delivered in connection with such Closing) sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor Company and its Subsidiaries in an aggregate principal amount exceeding $2,500,0000 as of June 30, 2015 (including a description the last business day of the obligors, principal amount outstanding and general description of month immediately preceding the collateral therefor, if any, and Guaranty thereof, if any)Closing, since which date there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such the Indebtedness of the Parent Guarantor Company or its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to other than changes in outstanding amounts, without change in the terms and conditions specified therein) to the Parent Guarantor aggregate commitments in effect on such date, or its Subsidiaries as changes in “floating” interest rates). As of the date last business day of the month immediately preceding the Closing. Neither any Obligor , neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in with respect to the payment of any principal or interest on any Indebtedness either Obligor of the Company or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Indebtedness of any Obligor or any Subsidiary the Company and its Subsidiaries in an aggregate outstanding principal amount of which exceeds exceeding $1,000,000 2,500,0000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor and its Subsidiaries the outstanding principal amount of which exceeds $1,000,000 (or its equivalent in the relevant currency of payment) as of June September 30, 2015 2020 (including a description descriptions of the obligorsobligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and general description of the collateral therefor, if any, and any Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such Indebtedness of the Parent Guarantor or its Subsidiaries and (ii) Subsidiaries. The aggregate principal amount of all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to outstanding Indebtedness of the Parent Guarantor and its Subsidiaries not set forth on Schedule 5.15 does not exceed $25,000,000 (or its Subsidiaries as equivalent in the relevant currency of the date of Closingpayment). Neither any Obligor the Parent Guarantor nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor of the Parent Guarantor or such Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor the Parent Guarantor or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 (or its equivalent in the relevant currency of payment) that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth forth, as of September 30, 2014, (1) a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor Company and its Subsidiaries as having an outstanding principal amount in excess of June 30, 2015 $5,000,000 (including a description descriptions of the obligorsobligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and general description of the collateral therefor, if any, and Guaranty any guaranties thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such Indebtedness and (2) the aggregate principal amount of outstanding Indebtedness of the Parent Guarantor or Company and its Subsidiaries and (ii) all agreements providing for committed financing facilities (subject to in respect of obligations that, individually, have an outstanding principal amount of $5,000,000 or less, since which date there has been no Material change in the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as aggregate amount of the date of Closingsuch Indebtedness. Neither any Obligor the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor of the Company or such Subsidiary the outstanding principal amount of which exceeds $5,000,000 and no event or condition exists with respect to any such Indebtedness of any Obligor or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of (i) all outstanding Indebtedness of the Parent Guarantor Company and its Subsidiaries for borrowed money as of June 30, 2015 the Closing Date (and after giving effect to the incurrence and repayment of Indebtedness occurring on the Closing Date) the outstanding principal amount of which exceeds $10,000,000 (including a description descriptions of the obligorsobligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and general description of the collateral therefor, if any, and Guaranty any Guaranties thereof, if any), since which date there has been no Material change in the amounts, interest rate, index or formularates, sinking funds, installment payments or maturities of such the Indebtedness of the Parent Guarantor Company or its Subsidiaries Subsidiaries. The aggregate amount of all outstanding Indebtedness of the Company and (ii) all agreements providing for committed financing facilities (subject to the terms and conditions specified therein) to the Parent Guarantor or its Subsidiaries as of the date of ClosingClosing Date not set forth in Schedule 5.15 does not exceed $10,000,000. Neither any Obligor the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness either Obligor of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of any Obligor the Company or any Subsidiary the outstanding principal amount of which exceeds $1,000,000 that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.