ANY OBLIGOR FAILS DULY TO PERFORM OR COMPLY WITH ANY OBLIGATION
EXPRESSED TO BE ASSUMED BY IT IN CLAUSE 16 (FINANCIAL INFORMATION), CLAUSE 18.12
(FURTHER ASSURANCE) OR CLAUSE 18.9 (HEDGING), AND SUCH FAILURE, IF CAPABLE OF
REMEDY IS NOT SO REMEDIED WITHIN 10 BUSINESS DAYS OF THE EARLIER OF SUCH OBLIGOR
BECOMING AWARE OF SUCH FAILURE TO PERFORM OR COMPLY AND THE FACILITY AGENT
HAVING GIVEN NOTICE OF SUCH FAILURE TO TCN.
(D)
THERE IS ANY BREACH OF CLAUSE 17.1 (RATIOS) OR CLAUSE 17.2
(PERMITTED CAPITAL EXPENDITURE).
(E)
THERE IS ANY BREACH OF CLAUSE 19.6 (DISPOSALS), PROVIDED THAT
WHERE THE FAILURE TO COMPLY WITH ANY OBLIGATION UNDER CLAUSE 19.6 (DISPOSALS)
RELATES TO THE OBLIGATION TO DELIVER A CERTIFICATE WITHIN A SPECIFIED TIME
PERIOD, NO EVENT OF DEFAULT SHALL BE DEEMED TO HAVE OCCURRED UNLESS TCN SHALL
HAVE FAILED TO DELIVER THE REQUIRED CERTIFICATE WITHIN SUCH TIME PERIOD AND UPON
REQUEST BY THE FACILITY AGENT FOR A DESCRIPTION OF THE TRANSACTIONS RELATING TO
111
SUCH CERTIFICATE WHICH WAS NOT DELIVERED, TCN FAILS TO PROVIDE SUCH DETAILS
WITHIN 10 BUSINESS DAYS AFTER SUCH REQUEST.
21.4
OTHER OBLIGATIONS
Any member of the Group fails duly to perform or comply with any of the
obligations expressed to be assumed by it in any of the Finance Documents (other
than any of those referred to in Clauses 21.2 (Non-Payment) and 21.3
(Covenants)) and such failure, if capable of remedy, is not so remedied within
30 days of the earlier of such Obligor becoming aware of such failure to perform
or comply and the Facility Agent having given notice of such failure to TCN.
21.5
MISREPRESENTATION
Any representation or statement made or repeated by any member of the Group (or,
prior to its accession hereto, Telewest Global Finance LLC) in any Finance
Document or in any notice or other document or certificate delivered by it
pursuant to a Finance Document is or proves to have been incorrect or misleading
in any material respect when made or repeated where the circumstances giving
rise to such inaccuracy, if capable of remedy or change are not remedied or do
not change within 30 days of the earlier of the relevant Obligor becoming aware
of such circumstances and the Facility Agent having notified TCN of such
misrepresentation having occurred.
21.6
CROSS DEFAULT
(A)
ANY FINANCIAL INDEBTEDNESS OF ANY MEMBER OF THE TCN GROUP IS NOT
PAID AT ITS SPECIFIED MATURITY OR BECOMES DUE AND PAYABLE PRIOR TO THE DATE WHEN
IT WOULD OTHERWISE HAVE BECOME DUE;
(B)
ANY FINANCIAL INDEBTEDNESS OF ANY MEMBER OF THE TCN GROUP IS
DECLARED (OR BECOMES CAPABLE OF BEING DECLARED) TO BE OR OTHERWISE BECOMES DUE
AND PAYABLE PRIOR TO ITS SPECIFIED MATURITY AS A RESULT OF AN EVENT OF DEFAULT
(HOWEVER DESCRIBED), AFTER TAKING INTO ACCOUNT ANY APPLICABLE GRACE PERIOD;
(C)
ANY COMMITMENT FOR ANY FINANCIAL INDEBTEDNESS OF ANY MEMBER OF THE
TCN GROUP IS CANCELLED OR SUSPENDED BY A CREDITOR OF ANY MEMBER OF THE TCN GROUP
AS A RESULT OF AN