Agreement, which default shall not have been cured or waived within any
applicable grace period;
10.13.
CROSS DEFAULT. A DEFAULT OF THE OBLIGATIONS OF ANY BORROWER UNDER ANY
OTHER AGREEMENT TO WHICH IT IS A PARTY SHALL OCCUR WHICH MATERIALLY ADVERSELY
AFFECTS ITS CONDITION, AFFAIRS OR PROSPECTS (FINANCIAL OR OTHERWISE) WHICH
DEFAULT IS NOT CURED WITHIN ANY APPLICABLE GRACE PERIOD;
10.14.
BREACH OF GUARANTY. TERMINATION OR BREACH OF ANY GUARANTY OR GUARANTY
SECURITY AGREEMENT OR SIMILAR AGREEMENT EXECUTED AND DELIVERED TO AGENT IN
CONNECTION WITH THE OBLIGATIONS OF ANY BORROWER, OR IF ANY GUARANTOR ATTEMPTS TO
TERMINATE, CHALLENGES THE VALIDITY OF, OR ITS LIABILITY UNDER, ANY SUCH GUARANTY
OR GUARANTY SECURITY AGREEMENT OR SIMILAR AGREEMENT;
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10.15.
CHANGE OF OWNERSHIP. ANY CHANGE OF OWNERSHIP OR CHANGE OF CONTROL
SHALL OCCUR;
10.16.
INVALIDITY. ANY MATERIAL PROVISION OF THIS AGREEMENT OR ANY OTHER
DOCUMENT SHALL, FOR ANY REASON, CEASE TO BE VALID AND BINDING ON BORROWER OR ANY
GUARANTOR, OR ANY BORROWER OR ANY GUARANTOR SHALL SO CLAIM IN WRITING TO AGENT
OR ANY LENDER;
10.17.
LICENSES. (I) ANY GOVERNMENTAL BODY SHALL (A) REVOKE, TERMINATE,
SUSPEND OR ADVERSELY MODIFY ANY LICENSE, PERMIT, PATENT TRADEMARK OR TRADENAME
OF ANY BORROWER OR ANY GUARANTOR, OR (B) COMMENCE PROCEEDINGS TO SUSPEND,
REVOKE, TERMINATE OR ADVERSELY MODIFY ANY SUCH LICENSE, PERMIT, TRADEMARK,
TRADENAME OR PATENT AND SUCH PROCEEDINGS SHALL NOT BE DISMISSED OR DISCHARGED
WITHIN SIXTY (60) DAYS, OR (C) SCHEDULE OR CONDUCT A HEARING ON THE RENEWAL OF
ANY LICENSE, PERMIT, TRADEMARK, TRADENAME OR PATENT NECESSARY FOR THE
CONTINUATION OF ANY BORROWER'S OR ANY GUARANTOR'S BUSINESS AND THE STAFF OF SUCH
GOVERNMENTAL BODY ISSUES A REPORT RECOMMENDING THE TERMINATION, REVOCATION,
SUSPENSION OR MATERIAL, ADVERSE MODIFICATION OF SUCH LICENSE, PERMIT, TRADEMARK,
TRADENAME OR PATENT; (II) ANY AGREEMENT WHICH IS NECESSARY OR MATERIAL TO THE
OPERATION OF ANY BORROWER'S OR ANY GUARANTOR'S BUSINESS SHALL BE REVOKED OR
TERMINATED AND NOT REPLACED BY A SUBSTITUTE ACCEPTABLE TO AGENT WITHIN THIRTY
(30) DAYS AFTER THE DATE OF SUCH REVOCATION OR TERMINATION, AND SUCH REVOCATION
OR TERMINATION AND NON-REPLACEMENT WOULD REASONABLY BE EXPECTED TO HAVE A
MATERIAL ADVERSE EFFECT;
10.18.
SEIZURES. ANY PORTION OF THE COLLATERAL SHALL BE SEIZED OR TAKEN BY A
GOVERNMENTAL BODY, OR ANY BORROWER OR ANY GUARANTOR OR THE TITLE AND RIGHTS OF
ANY BORROWER, ANY GUARANTOR OR ANY OWNER WHICH IS THE OWNER OF ANY MATERIAL
PORTION OF THE COLLATERAL SHALL HAVE BECOME THE SUBJECT MATTER OF CLAIM,
LITIGATION, SUIT OR OTHER PROCEEDING WHICH MIGHT, IN THE OPINION OF AGENT, UPON
FINAL DETERMINATION, RESULT IN IMPAIRMENT OR LOSS OF THE SECURITY PROVIDED BY
THIS AGREEMENT OR THE OTHER DOCUMENTS;
10.19.
OPERATIONS. THE BUSINESS OPERATIONS OF ANY BORROWER OR ANY GUARANTOR
ARE INTERRUPTED AT ANY TIME FOR MORE THAN FIVE (5) CONSECUTIVE DAYS, UNLESS SUCH
BORROWER SHALL (I) BE ENTITLED TO RECEIVE FOR SUCH PERIOD OF INTERRUPTION,
PROCEEDS OF ANY BUSINESS INTERRUPTION INSURANCE SUFFICIENT TO ASSURE THAT ITS
PER DIEM CASH NEEDS DURING SUCH PERIOD IS AT LEAST EQUAL TO ITS AVERAGE PER DIEM
CASH