CONSERVATOR OR REHABILITATOR IS APPOINTED, OR AN ASSIGNMENT FOR THE
BENEFIT OF CREDITORS IS MADE, WITH RESPECT TO THE BORROWER OR ANY OTHER LOAN
PARTY OR ITS PROPERTY;
(VI)
THE BORROWER OR ANY LOAN PARTY IS INSOLVENT, UNABLE TO PAY ITS DEBTS
AS THEY FALL DUE, STOPS, SUSPENDS OR THREATENS TO STOP OR SUSPEND PAYMENT OF ALL
OR A MATERIAL PART OF ITS DEBTS, BEGINS NEGOTIATIONS OR TAKES ANY PROCEEDING OR
OTHER STEP WITH A VIEW TO READJUSTMENT, RESCHEDULING OR DEFERRAL OF ALL OR ANY
PART OF ITS INDEBTEDNESS, WHICH IT WOULD OR MIGHT OTHERWISE BE UNABLE TO PAY
WHEN DUE, OR PROPOSES OR MAKES A GENERAL ASSIGNMENT OR AN ARRANGEMENT OR
COMPOSITION WITH OR FOR THE BENEFIT OF ITS CREDITORS,
(VII)
A COLLATERAL ACCOUNT (OR ANY ACCOUNT IN WHICH COLLATERAL PROVIDED BY
A LOAN PARTY IS MAINTAINED) OR ANY PORTION THEREOF IS TERMINATED, ATTACHED OR
SUBJECTED TO A LEVY,
(VIII)
THE BORROWER OR ANY LOAN PARTY FAILS TO PROVIDE PROMPTLY ALL
FINANCIAL AND OTHER INFORMATION AS THE BANK MAY REQUEST FROM TIME TO TIME,
(IX)
ANY INDEBTEDNESS OF THE BORROWER OR ANY OTHER LOAN PARTY IN RESPECT
OF BORROWED MONEY (INCLUDING INDEBTEDNESS GUARANTIED BY THE BORROWER OR ANY
OTHER LOAN PARTY) OR IN RESPECT OF ANY SWAP, FORWARD, CAP, FLOOR, COLLAR, OPTION
OR OTHER DERIVATIVE TRANSACTION, REPURCHASE OR SIMILAR TRANSACTION OR ANY
COMBINATION OF THESE TRANSACTIONS IS NOT PAID WHEN DUE, OR ANY EVENT OR
CONDITION CAUSES THE INDEBTEDNESS TO BECOME, OR PERMITS THE HOLDER TO DECLARE
THE INDEBTEDNESS TO BE, DUE AND PAYABLE PRIOR TO ITS STATED MATURITY,
(X)
FINAL JUDGMENT FOR THE PAYMENT OF MONEY IS RENDERED AGAINST
BORROWER (OR ANY LOAN PARTY) AND, WITHIN THIRTY DAYS FROM THE ENTRY OF JUDGMENT,
HAS NOT BEEN DISCHARGED OR STAYED
7
[g361092ku01i001.jpg]
UBS Bank USA
Variable Credit Line Account Number (if applicable)
5V
57978
CP
Fixed Credit Line Account Number:
(if applicable)
5F
SS#/TIN
Internal Use Only
Credit Line Agreement
PENDING APPEAL OR HAS NOT BEEN DISCHARGED WITHIN THIRTY DAYS FROM THE ENTRY OF A
FINAL ORDER OF AFFIRMANCE ON APPEAL,
(XI)
ANY LEGAL PROCEEDING IS INSTITUTED OR ANY OTHER EVENT OCCURS OR
CONDITION EXISTS THAT IN THE BANK'S JUDGMENT CALLS INTO QUESTION (A) THE
VALIDITY OR BINDING EFFECT OF THIS AGREEMENT OR ANY RELATED AGREEMENT OR ANY OF
THE BORROWER'S (OR ANY OTHER LOAN PARTY'S) OBLIGATIONS UNDER THIS AGREEMENT OR
UNDER ANY RELATED AGREEMENT OR (B) THE ABILITY OF THE BORROWER (OR ANY LOAN
PARTY) TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, OR UNDER ANY RELATED
AGREEMENT, OR
(XII)
THE BANK OTHERWISE DEEMS ITSELF OR ITS SECURITY INTEREST IN THE
COLLATERAL INSECURE OR THE BANK BELIEVES IN GOOD FAITH THAT THE PROSPECT OF
PAYMENT OR OTHER PERFORMANCE BY ANY LOAN PARTY IS IMPAIRED.
then, the Credit Line Obligations will become immediately due and payable
(without demand) and the Bank may, in its sole and absolute discretion,
liquidate, withdraw or sell all or any part of the Collateral and apply the
same, as well as the proceeds of