AND AGREEMENTS EVIDENCING THE ISSUANCE OF ANY
EQUITY SECURITIES, WARRANTS, RIGHTS OR OPTIONS TO PURCHASE EQUITY SECURITIES OF
SUCH CREDIT PARTY (OTHER THAN BORROWER).
5.18
INSURANCE.
SCHEDULE 5.18 LISTS ALL INSURANCE
POLICIES OF ANY NATURE MAINTAINED, AS OF THE RESTATEMENT EFFECTIVE DATE, FOR
CURRENT OCCURRENCES BY BORROWER AND EACH OF ITS DOMESTIC SUBSIDIARIES, AS WELL
AS A SUMMARY OF THE KEY BUSINESS TERMS OF EACH SUCH POLICY SUCH AS DEDUCTIBLES,
COVERAGE LIMITS AND TERM OF POLICY.
5.19
RELATED TRANSACTIONS.
AS OF THE RESTATEMENT
EFFECTIVE DATE, THE RELATED TRANSACTIONS HAVE BEEN CONSUMMATED IN ACCORDANCE
WITH, ALL APPLICABLE LAWS.
ALL REQUISITE APPROVALS BY GOVERNMENTAL AUTHORITIES
HAVING JURISDICTION OVER ANY CREDIT PARTY AND OTHER PERSONS REFERENCED THEREIN,
WITH RESPECT TO THE RELATED TRANSACTIONS, HAVE BEEN OBTAINED, AND NO SUCH
APPROVALS IMPOSE ANY MATERIALLY ADVERSE CONDITIONS TO THE CONSUMMATION OF THE
RELATED TRANSACTION OR TO THE CONDUCT BY ANY CREDIT PARTY OF ITS BUSINESS
THEREAFTER.
5.20
SENIOR INDENTURE DOCUMENTS.
EACH REPRESENTATION
AND WARRANTY MADE OR TO BE MADE BY BORROWER UNDER THE SENIOR INDENTURE DOCUMENTS
IS AND WILL BE TRUE, CORRECT AND COMPLETE IN ALL MATERIAL RESPECTS ON THE DATE
MADE.
51
SECTION 6.
DEFAULT, RIGHTS AND REMEDIES
6.1
EVENT OF DEFAULT.
"EVENT OF DEFAULT" SHALL
MEAN THE OCCURRENCE OR EXISTENCE OF ANY ONE OR MORE OF THE FOLLOWING:
(A)
PAYMENT.
(1) FAILURE TO PAY ANY
INSTALLMENT OR OTHER PAYMENT OF PRINCIPAL OF ANY LOAN WHEN DUE, OR TO REPAY
REVOLVING LOANS TO REDUCE THEIR BALANCE TO THE MAXIMUM AMOUNT OF REVOLVING LOANS
THEN PERMITTED TO BE OUTSTANDING OR TO REIMBURSE ANY L/C ISSUER FOR ANY PAYMENT
MADE BY SUCH L/C ISSUER UNDER OR IN RESPECT OF ANY LETTER OF CREDIT WHEN DUE OR
(2) FAILURE TO PAY, WITHIN FIVE (5) DAYS AFTER THE DUE DATE, ANY INTEREST ON ANY
LOAN OR ANY OTHER AMOUNT DUE UNDER THIS AGREEMENT OR ANY OF THE OTHER LOAN
DOCUMENTS; OR
(B)
DEFAULT IN OTHER AGREEMENTS.
(1) ANY CREDIT
PARTY OR ANY OF ITS SUBSIDIARIES FAILS TO PAY WHEN DUE, AFTER THE LAPSE OF ANY
APPLICABLE GRACE PERIOD, ANY PRINCIPAL OR INTEREST ON INDEBTEDNESS (OTHER THAN
THE LOANS) OR ANY CONTINGENT OBLIGATIONS OR (2) BREACH OR DEFAULT OF ANY CREDIT
PARTY OR ANY OF ITS SUBSIDIARIES, OR THE OCCURRENCE OF ANY CONDITION OR EVENT,
WITH RESPECT TO ANY INDEBTEDNESS (OTHER THAN THE LOANS) OR ANY CONTINGENT
OBLIGATIONS AFTER THE LAPSE OF ANY APPLICABLE GRACE PERIODS, IF THE EFFECT OF
SUCH FAILURE TO PAY, BREACH, DEFAULT OR OCCURRENCE IS TO CAUSE OR TO PERMIT THE
HOLDER OR HOLDERS THEN TO CAUSE, INDEBTEDNESS AND/OR CONTINGENT OBLIGATIONS
HAVING AN INDIVIDUAL PRINCIPAL AMOUNT IN EXCESS OF $3,000,000 OR HAVING AN
AGGREGATE PRINCIPAL AMOUNT IN EXCESS OF $5,000,000 TO BECOME OR BE DECLARED DUE
PRIOR TO THEIR STATED MATURITY; OR
(C)
BREACH OF CERTAIN PROVISIONS.
FAILURE OF
ANY CREDIT PARTY TO PERFORM OR COMPLY WITH ANY TERM OR CONDITION CONTAINED IN
THAT PORTION OF SECTION 2.2 RELATING TO THE CREDIT PARTIES' OBLIGATION TO
MAINTAIN INSURANCE, SECTION 2.3, SECTION 2.8(D), SECTION 3 OR