AND EFFECT; OR
(F)
ANY LOAN PARTY SHALL (I) DEFAULT IN ANY PAYMENT OF PRINCIPAL OR
INTEREST, REGARDLESS OF THE AMOUNT, DUE IN RESPECT OF ANY (A) INDEBTEDNESS
(OTHER THAN THE NOTES), ISSUED UNDER THE SAME INDENTURE OR OTHER AGREEMENT, IF
THE MAXIMUM PRINCIPAL AMOUNT OF INDEBTEDNESS COVERED BY SUCH INDENTURE OR
AGREEMENT IS $1,000,000 OR GREATER OR (B) GUARANTEE OBLIGATION WITH RESPECT TO
AN AMOUNT OF $1,000,000 OR GREATER, IN EITHER CASE BEYOND THE PERIOD OF GRACE,
IF ANY, PROVIDED IN THE INSTRUMENT OR AGREEMENT UNDER WHICH SUCH INDEBTEDNESS OR
GUARANTEE OBLIGATION WAS CREATED, WHETHER OR NOT SUCH DEFAULT HAS BEEN WAIVED BY
THE HOLDERS OF SUCH INDEBTEDNESS OR GUARANTEE OBLIGATION; OR (II) DEFAULT IN THE
OBSERVANCE OR PERFORMANCE OF ANY OTHER MATERIAL AGREEMENT OR CONDITION RELATING
TO ANY SUCH INDEBTEDNESS OR GUARANTEE OBLIGATION 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 BENEFICIARY OR BENEFICIARIES OF SUCH GUARANTEE OBLIGATION (OR A TRUSTEE OR
AGENT ON BEHALF OF SUCH HOLDER OR HOLDERS OR BENEFICIARY OR BENEFICIARIES) TO
CAUSE, WITH THE GIVING OF NOTICE IF REQUIRED, SUCH INDEBTEDNESS TO BECOME DUE
PRIOR TO ITS STATED MATURITY OR SUCH GUARANTEE OBLIGATION TO BECOME PAYABLE OR
SUCH INDEBTEDNESS TO BE REQUIRED TO BE DEFEASED OR PURCHASED; OR
(G)
(I)
THE BORROWER OR ANY OTHER LOAN PARTY SHALL COMMENCE
ANY VOLUNTARY CASE, PROCEEDING OR OTHER ACTION (A) UNDER ANY EXISTING OR FUTURE
LAW OF ANY JURISDICTION, DOMESTIC OR FOREIGN, RELATING TO BANKRUPTCY,
INSOLVENCY, REORGANIZATION OR RELIEF OF DEBTORS, SEEKING TO HAVE AN ORDER FOR
RELIEF ENTERED WITH RESPECT TO IT, OR SEEKING TO ADJUDICATE IT A BANKRUPT OR
INSOLVENT, OR SEEKING REORGANIZATION, ARRANGEMENT, ADJUSTMENT, WINDING-UP,
56
LIQUIDATION, DISSOLUTION, COMPOSITION OR OTHER RELIEF WITH RESPECT TO IT OR ITS
DEBTS, OR (B) SEEKING APPOINTMENT OF A RECEIVER, TRUSTEE, CUSTODIAN OR OTHER
SIMILAR OFFICIAL FOR IT OR FOR ALL OR ANY SUBSTANTIAL PART OF ITS ASSETS, OR THE
BORROWER OR ANY OTHER LOAN PARTY SHALL MAKE A GENERAL ASSIGNMENT FOR THE BENEFIT
OF ITS CREDITORS; OR (II) THERE SHALL BE COMMENCED AGAINST THE BORROWER OR ANY
OTHER LOAN PARTY ANY INVOLUNTARY CASE, PROCEEDING OR OTHER ACTION OF A NATURE
REFERRED TO IN CLAUSE (I) ABOVE WHICH (A) RESULTS IN THE ENTRY OF AN ORDER FOR
RELIEF OR ANY SUCH ADJUDICATION OR APPOINTMENT AND (B) REMAINS UNDISMISSED,
UNDISCHARGED, UNSTAYED OR UNBONDED FOR A PERIOD OF 60 DAYS; OR (III) THERE SHALL
BE COMMENCED AGAINST THE BORROWER OR ANY OTHER LOAN PARTY ANY CASE, PROCEEDING
OR OTHER ACTION SEEKING ISSUANCE OF A WARRANT OF ATTACHMENT, EXECUTION,
DISTRAINT OR SIMILAR PROCESS AGAINST ALL OR ANY SUBSTANTIAL PART OF ITS ASSETS
WHICH RESULTS IN THE ENTRY OF AN ORDER FOR ANY SUCH RELIEF WHICH SHALL NOT HAVE
BEEN VACATED, DISCHARGED, STAYED OR BONDED PENDING APPEAL WITHIN 60 DAYS FROM
THE ENTRY THEREOF;