5.02(I),
5.02(J) OR 5.02(K); OR
(C)
BORROWER SHALL FAIL TO OBSERVE OR PERFORM
ANY OTHER COVENANT, OBLIGATION, CONDITION OR AGREEMENT CONTAINED IN THIS
AGREEMENT OR THE OTHER CREDIT DOCUMENTS AND SUCH FAILURE SHALL CONTINUE FOR
THIRTY (30) DAYS AFTER NOTICE THEREOF IS GIVEN BY LENDER TO BORROWER OR SUCH
LONGER PERIOD OF TIME AS IS REASONABLY NECESSARY TO ALLOW BORROWER TO SO OBSERVE
OR PERFORM SUCH COVENANT, OBLIGATION, CONDITION OR AGREEMENT BUT, IN ANY EVENT,
NOT MORE THAN SEVENTY-FIVE (75) DAYS AFTER NOTICE THEREOF IS GIVEN BY LENDER TO
BORROWER; PROVIDED, THAT WITH RESPECT TO A FAILURE BY BORROWER TO OBSERVE OR
PERFORM THE TANGIBLE NET WORTH COVENANT PURSUANT TO SECTION 5.02(N), SUCH
FAILURE SHALL HAVE ONLY CONTINUED FOR FIVE (5) DAYS AFTER NOTICE THEREOF IS
GIVEN BY LENDER TO BORROWER; OR
(D)
ANY REPRESENTATION, WARRANTY, CERTIFICATE,
OR OTHER STATEMENT (FINANCIAL OR OTHERWISE) MADE OR FURNISHED BY OR ON BEHALF OF
BORROWER TO LENDER IN OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE OTHER
CREDIT DOCUMENTS, OR AS AN INDUCEMENT TO LENDER TO ENTER INTO THIS AGREEMENT,
SHALL BE FALSE, INCORRECT, INCOMPLETE OR MISLEADING IN ANY MATERIAL RESPECT WHEN
MADE OR FURNISHED; OR
(E)
BORROWER SHALL (I) FAIL TO MAKE ANY PAYMENT
WHEN DUE UNDER THE TERMS OF ANY BOND, DEBENTURE, NOTE OR OTHER EVIDENCE OF
INDEBTEDNESS TO BE PAID BY SUCH PERSON (EXCLUDING THIS AGREEMENT AND THE OTHER
CREDIT DOCUMENTS BUT INCLUDING ANY OTHER EVIDENCE OF INDEBTEDNESS OF BORROWER TO
LENDER) AND SUCH FAILURE SHALL CONTINUE BEYOND ANY PERIOD OF GRACE PROVIDED WITH
RESPECT THERETO, OR (II) DEFAULT IN THE OBSERVANCE OR PERFORMANCE OF ANY OTHER
AGREEMENT, TERM OR CONDITION CONTAINED IN ANY SUCH BOND, DEBENTURE, NOTE OR
OTHER EVIDENCE OF INDEBTEDNESS, AND THE EFFECT OF SUCH FAILURE OR DEFAULT IN
EITHER CASE IS TO CAUSE, OR PERMIT THE HOLDER OR HOLDERS THEREOF TO CAUSE
INDEBTEDNESS IN AN AGGREGATE AMOUNT OF $100,000 OR MORE TO BECOME DUE PRIOR TO
ITS STATED DATE OF MATURITY; OR
(F)
BORROWER SHALL (I) APPLY FOR OR CONSENT
TO THE APPOINTMENT OF A RECEIVER, TRUSTEE, LIQUIDATOR OR CUSTODIAN OF ITSELF OR
OF ALL OR A SUBSTANTIAL PART OF ITS PROPERTY, (II) BE UNABLE, OR ADMIT IN
WRITING ITS INABILITY, TO PAY ITS DEBTS GENERALLY AS THEY MATURE, (III) MAKE A
GENERAL ASSIGNMENT FOR THE BENEFIT OF ITS OR ANY OF ITS CREDITORS, (IV) BECOME
INSOLVENT (AS SUCH TERM MAY BE DEFINED OR INTERPRETED UNDER ANY APPLICABLE
STATUTE), (V) COMMENCE A VOLUNTARY CASE OR OTHER PROCEEDING SEEKING LIQUIDATION,
REORGANIZATION OR
15
OTHER RELIEF WITH RESPECT TO ITSELF OR ITS DEBTS UNDER ANY BANKRUPTCY,
INSOLVENCY OR OTHER SIMILAR LAW NOW OR HEREAFTER IN EFFECT OR CONSENT TO ANY
SUCH RELIEF OR TO THE APPOINTMENT OF OR TAKING POSSESSION OF ITS PROPERTY BY ANY
OFFICIAL IN AN INVOLUNTARY CASE OR OTHER PROCEEDING COMMENCED AGAINST IT, OR
(VI) TAKE ANY ACTION FOR THE PURPOSE OF EFFECTING ANY OF THE FOREGOING; OR
(G)
PROCEEDINGS FOR THE APPOINTMENT OF A
RECEIVER, TRUSTEE, LIQUIDATOR OR CUSTODIAN OF BORROWER