Common use of Third Party Default Clause in Contracts

Third Party Default. There shall occur with respect to any Third Party or any Consolidated Subsidiary, including, without limitation, any guarantor or Consolidated Subsidiary (i) any event described in Section 12.1(d), 12.1(e), 12.1(f) or 12.1(g), (ii) any pension default event such as described in Section 12.1(h) with respect to any pension plan maintained by Third Party or such Consolidated Subsidiary, or (iii) any failure by Third Party or such Consolidated to perform in accordance with the terms of any agreement between such Third Party and Secured Party.

Appears in 3 contracts

Samples: Loan and Security Agreement (Delsoft Consulting Inc), Loan and Security Agreement (Computone Corporation), Security Agreement (American Artists Film Corp/Mo/)

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Third Party Default. There shall occur with respect to any Third Party or any Consolidated Subsidiary, including, without limitation, any guarantor Guarantor or Consolidated Subsidiary (i) any event described in Section 12.1(d), 12.1(e), 12.1(f) or ), 12.1(g), or 12.1(h); (ii) any pension default event such as described in Section 12.1(h12.1(i) with respect to any pension plan maintained by such Third Party or such Consolidated Subsidiary, ; or (iii) any failure by Third Party or such Consolidated Subsidiary to perform in accordance with the terms of any agreement between such Third Party and Secured Party, or any default or event of default by such Third Party under any such agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (FFP Marketing Co Inc), Loan and Security Agreement (FFP Partners L P), Loan and Security Agreement (FFP Partners L P)

Third Party Default. There shall occur with respect to any Third Party or any Consolidated SubsidiaryParty, including, without limitation, any guarantor or Consolidated Restricted Subsidiary (i) any event described in Section 12.1(d10.1(e), 12.1(e10.1(f), 12.1(f) or 12.1(g10.1(g), or 10.1(h); (ii) any pension default event such as described in Section 12.1(h10.1(i) with respect to any pension plan maintained by such Third Party or such Consolidated Subsidiary, Party; or (iii) any failure breach by a Third Party or such Consolidated to perform in accordance with of the terms of any agreement between such Third Party and Secured PartyLenders.

Appears in 2 contracts

Samples: And Security Agreement (Air Methods Corp), And Security Agreement (Air Methods Corp)

Third Party Default. There shall occur with respect to any Third Party or any Consolidated Subsidiary, including, without limitation, any guarantor or Consolidated Subsidiary (i) any event described in Section 12.1(d11.1(e), 12.1(e11.1(f), 12.1(f) or 12.1(g11.1(g), or 11.1(h) and, in the case of any of the foregoing events with respect to a Third Party, which remains uncured for fifteen (15) days after notice thereof by Agent to Debtor; (ii) any pension default event such as described in Section 12.1(h11.1(i) with respect to any pension plan maintained by such Third Party or such Consolidated Subsidiary, ; or (iii) any failure by Third Party or such Consolidated Subsidiary to perform in accordance with the terms of any Transaction Document between such Third Party and Agent or any Lender or of any other agreement between such Third Party and Secured PartyAgent.

Appears in 1 contract

Samples: Loan and Security Agreement (Sigmatron International Inc)

Third Party Default. There shall occur with respect to any Third Party or any Consolidated Subsidiary, including, without limitation, any guarantor or Consolidated Subsidiary (i) any event described in Section 12.1(d11.1(e), 12.1(e11.1(f), 12.1(f) or 12.1(g11.1(g), or 11.1(h); (ii) any pension default event such as described in Section 12.1(h11.1(i) with respect to any pension plan maintained by such Third Party or such Consolidated Subsidiary, ; or (iii) any failure by Third Party or such Consolidated Subsidiary to perform in accordance with the terms of any agreement between such Third Party and Secured Party.

Appears in 1 contract

Samples: Loan and Security Agreement (Otr Express Inc/Ks)

Third Party Default. There shall occur with respect to any Third Party or any Consolidated SubsidiaryParty, including, without limitation, any guarantor or Consolidated Subsidiary (i) any event described in Section 12.1(d10.1(e), 12.1(e10.1(f), 12.1(f) or 12.1(g10.1(g), or 10.1(h); (ii) any pension default event such as described in Section 12.1(h10.1(i) with respect to any pension plan maintained by such Third Party or such Consolidated Subsidiary, or Party; (iii) any failure by Third Party or such Consolidated to perform in accordance with the terms of any agreement between such Third Party and Secured Lenders; or (iv) any material adverse change to the financial condition of any Third Party.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Koala Corp /Co/)

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Third Party Default. There shall occur with respect to any Third Party or any Consolidated SubsidiaryParty, including, without limitation, any guarantor or Consolidated Subsidiary (i) any event described in Section 12.1(d10.1(e), 12.1(e10.1(f), 12.1(f) or 12.1(g10.1(g), or 10.1(h); (ii) any pension default event such as described in Section 12.1(h10.1(i) with respect to any pension plan maintained by such Third Party or such Consolidated Subsidiary, or Party; (iii) any failure by Third Party or such Consolidated to perform in accordance with the terms of any agreement between such Third Party and Secured Lender; or (iv) any material adverse change to the financial condition of any Third Party.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Vail Resorts Inc)

Third Party Default. There shall occur with respect to any Third Party or any Consolidated SubsidiaryParty, including, without limitation, any guarantor or Consolidated Subsidiary (i) any event described in Section 12.1(d10.1(e), 12.1(e10.1(f), 12.1(f) or 12.1(g10.1(g), or 10.1(h); (ii) any pension default event such as described in Section 12.1(h10.1 (i) with respect to any pension plan maintained by such Third Party or such Consolidated Subsidiary, Party; or (iii) any failure breach by a Third Party or such Consolidated to perform in accordance with of the terms of any agreement between such Third Party and Secured PartyLenders.

Appears in 1 contract

Samples: Credit, Term Loan and Security Agreement (Air Methods Corp)

Third Party Default. There shall occur with respect to any Third Party or any Consolidated SubsidiaryParty, including, without limitation, any guarantor or Consolidated Subsidiary (i) any event described in Section 12.1(d10.1(e), 12.1(e10.1(f), 12.1(f) or 12.1(g10.1(g), or 10.1(h); (ii) any pension default event such as described in Section 12.1(h10.1(i) with respect to any pension plan maintained by such Third Party or such Consolidated Subsidiary, Party; or (iii) any failure breach by a Third Party or such Consolidated to perform in accordance with of the terms of any agreement between such Third Party and Secured PartyLenders.

Appears in 1 contract

Samples: And Security Agreement (Air Methods Corp)

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