NOT DISMISSED OR STAYED WITHIN THIRTY (30) DAYS (BUT NO CREDIT EXTENSIONS
SHALL BE MADE WHILE OF ANY OF THE CONDITIONS DESCRIBED IN CLAUSE (A) EXIST
AND/OR UNTIL ANY INSOLVENCY PROCEEDING IS DISMISSED);
8.6
OTHER AGREEMENTS.
THERE IS A DEFAULT IN ANY AGREEMENT TO WHICH
BORROWER OR ANY GUARANTOR IS A PARTY WITH A THIRD PARTY OR PARTIES RESULTING IN
A RIGHT BY SUCH THIRD PARTY OR PARTIES, WHETHER OR NOT EXERCISED, TO ACCELERATE
THE MATURITY OF ANY INDEBTEDNESS IN AN AMOUNT IN EXCESS OF $50,000 OR THAT COULD
RESULT IN A MATERIAL ADVERSE CHANGE WITH RESPECT TO BORROWER'S OR ANY GUARANTOR;
PROVIDED, HOWEVER, THAT THE EVENT OF DEFAULT UNDER THIS SECTION 8.6 CAUSED BY
THE OCCURRENCE OF A DEFAULT UNDER SUCH OTHER AGREEMENT SHALL BE CURED OR WAIVED
FOR PURPOSES OF THIS AGREEMENT UPON BANK RECEIVING WRITTEN NOTICE FROM THE PARTY
ASSERTING SUCH DEFAULT OF SUCH CURE OR WAIVER OF THE DEFAULT UNDER SUCH OTHER
AGREEMENT, IF AT THE TIME OF SUCH CURE OR WAIVER UNDER SUCH OTHER AGREEMENT (A)
BANK HAS NOT DECLARED AN EVENT OF DEFAULT UNDER THIS AGREEMENT AND/OR EXERCISED
ANY RIGHTS WITH RESPECT THERETO; (B) ANY SUCH CURE OR WAIVER DOES NOT RESULT IN
AN EVENT OF DEFAULT UNDER ANY OTHER PROVISION OF THIS AGREEMENT OR ANY LOAN
DOCUMENT; AND (C) IN CONNECTION WITH ANY SUCH CURE OR WAIVER UNDER SUCH OTHER
AGREEMENT, THE TERMS OF ANY AGREEMENT WITH SUCH THIRD PARTY ARE NOT MODIFIED OR
AMENDED IN ANY MANNER WHICH COULD IN THE GOOD FAITH JUDGMENT OF BANK BE
MATERIALLY LESS ADVANTAGEOUS TO BORROWER OR ANY GUARANTOR;
8.7
JUDGMENTS.
A JUDGMENT OR JUDGMENTS FOR THE PAYMENT OF MONEY IN AN
AMOUNT, INDIVIDUALLY OR IN THE AGGREGATE, OF $50,000 OR MORE (NOT COVERED BY
INDEPENDENT THIRD-PARTY INSURANCE) SHALL BE RENDERED AGAINST BORROWER AND SHALL
REMAIN UNSATISFIED AND UNSTAYED FOR A PERIOD OF TEN (10) DAYS AFTER THE ENTRY
THEREOF (PROVIDED THAT NO CREDIT EXTENSIONS WILL BE MADE PRIOR TO THE
SATISFACTION OR STAY OF SUCH JUDGMENT);
8.8
MISREPRESENTATIONS.
BORROWER OR ANY PERSON ACTING FOR BORROWER
MAKES ANY REPRESENTATION, WARRANTY, OR OTHER STATEMENT NOW OR LATER IN THIS
AGREEMENT, ANY LOAN DOCUMENT OR IN ANY WRITING DELIVERED TO BANK OR TO INDUCE
BANK TO ENTER THIS AGREEMENT OR ANY LOAN DOCUMENT, AND SUCH REPRESENTATION,
WARRANTY, OR OTHER STATEMENT IS INCORRECT IN ANY MATERIAL RESPECT WHEN MADE;
8.9
SUBORDINATED DEBT.
A DEFAULT OR BREACH OCCURS UNDER ANY AGREEMENT
BETWEEN BORROWER AND ANY CREDITOR OF BORROWER THAT SIGNED A SUBORDINATION,
INTERCREDITOR, OR OTHER SIMILAR AGREEMENT WITH BANK, OR ANY CREDITOR THAT HAS
SIGNED SUCH AN AGREEMENT WITH BANK BREACHES ANY TERMS OF SUCH AGREEMENT; OR
8.10
GUARANTY.
(A) ANY GUARANTY OF ANY OBLIGATIONS TERMINATES OR CEASES
FOR ANY REASON TO BE IN FULL FORCE AND EFFECT; (B) ANY GUARANTOR DOES NOT
PERFORM ANY OBLIGATION OR COVENANT UNDER ANY GUARANTY OF THE OBLIGATIONS; (C)
ANY CIRCUMSTANCE DESCRIBED IN SECTIONS 8.3, 8.4, 8.5, 8.7, OR 8.8. OCCURS WITH
RESPECT TO ANY GUARANTOR, OR (D) THE DEATH, LIQUIDATION, WINDING UP, OR