PERMITTED REFINANCING INDEBTEDNESS IN RESPECT
THEREOF.
SECTION 8.
Events of Default.
Upon the occurrence of any of the following
specified events (each, an "Event of Default"):
8.01
PAYMENTS.
THE BORROWER SHALL (I) DEFAULT IN THE PAYMENT WHEN DUE OF ANY
PRINCIPAL OF THE LOANS OR (II) DEFAULT, AND SUCH DEFAULT SHALL CONTINUE FOR FIVE
OR MORE BUSINESS DAYS, IN THE PAYMENT WHEN DUE OF ANY INTEREST ON THE LOANS OR
ANY FEES OR ANY OTHER AMOUNTS OWING HEREUNDER OR UNDER ANY OTHER CREDIT
DOCUMENT; OR
8.02
REPRESENTATIONS, ETC.
ANY REPRESENTATION, WARRANTY OR STATEMENT MADE BY
ANY CREDIT PARTY HEREIN OR IN ANY OTHER CREDIT DOCUMENT OR IN ANY STATEMENT OR
CERTIFICATE DELIVERED OR REQUIRED TO BE DELIVERED PURSUANT HERETO OR THERETO
SHALL PROVE TO BE UNTRUE IN ANY MATERIAL RESPECT ON THE DATE AS OF WHICH MADE OR
DEEMED MADE; OR
8.03
COVENANTS.
ANY CREDIT PARTY SHALL (A) DEFAULT IN THE DUE PERFORMANCE OR
OBSERVANCE BY IT OF ANY TERM, COVENANT OR AGREEMENT CONTAINED IN SECTION 6.05,
6.09, 6.10, 6.13,
70
6.14 or 7, or (b) default in the due performance or observance by it of any
term, covenant or agreement (other than those referred to in Section 8.01, 8.02
or clause (a) of this Section 8.03) contained in this Agreement and such default
shall continue unremedied for a period of at least 30 days after written notice
to the Borrower by the Administrative Agent or the Required Lenders; or
8.04
DEFAULT UNDER OTHER AGREEMENTS.
(A)
THE BORROWER OR ANY OF ITS
SUBSIDIARIES SHALL (I) DEFAULT IN ANY PAYMENT WITH RESPECT TO ANY INDEBTEDNESS
(OTHER THAN THE OBLIGATIONS) BEYOND THE PERIOD OF GRACE, IF ANY, APPLICABLE
THERETO OR (II) DEFAULT IN THE OBSERVANCE OR PERFORMANCE OF ANY AGREEMENT OR
CONDITION RELATING TO ANY SUCH INDEBTEDNESS OR CONTAINED IN ANY INSTRUMENT OR
AGREEMENT EVIDENCING, SECURING OR RELATING THERETO, OR ANY OTHER EVENT SHALL
OCCUR OR CONDITION EXIST, THE EFFECT OF WHICH DEFAULT OR OTHER EVENT OR
CONDITION IS TO CAUSE, OR TO PERMIT THE HOLDER OR HOLDERS OF SUCH INDEBTEDNESS
(OR A TRUSTEE OR AGENT ON BEHALF OF SUCH HOLDER OR HOLDERS) TO CAUSE, ANY SUCH
INDEBTEDNESS TO BECOME DUE PRIOR TO ITS STATED MATURITY; OR (B) ANY SUCH
INDEBTEDNESS OF THE BORROWER OR ANY OF ITS SUBSIDIARIES SHALL BE DECLARED TO BE
DUE AND PAYABLE (OR SHALL BE REQUIRED TO BE PREPAID AS A RESULT OF A DEFAULT
THEREUNDER OR OF AN EVENT OF THE TYPE THAT CONSTITUTES AN EVENT OF DEFAULT)
PRIOR TO THE STATED MATURITY THEREOF, PROVIDED THAT IT SHALL NOT CONSTITUTE AN
EVENT OF DEFAULT PURSUANT TO THIS SECTION 8.04 UNLESS THE AGGREGATE PRINCIPAL
AMOUNT OF ALL INDEBTEDNESS REFERRED TO IN CLAUSES (A) AND (B) ABOVE (WITHOUT
DUPLICATION) EXCEEDS $7,500,000 IN THE AGGREGATE AT ANY ONE TIME; OR
8.05
BANKRUPTCY, ETC.
THE BORROWER OR ANY MATERIAL SUBSIDIARY SHALL COMMENCE A
VOLUNTARY CASE CONCERNING ITSELF UNDER TITLE 11 OF THE UNITED STATES CODE
ENTITLED "BANKRUPTCY," AS NOW OR HEREAFTER IN EFFECT, OR ANY SUCCESSOR THERETO
(THE "BANKRUPTCY