SUBSTANTIAL PORTION OF THE COLLATERAL WHICH IS NOT DISCHARGED OR
DISSOLVED BY A BOND WITHIN THIRTY (30) DAYS; OR
(B)
ANY SUCH EVENT SET FORTH IN SUBSECTION (I)
ABOVE SHALL OCCUR WITH RESPECT TO A BORROWER SUBSIDIARY, FT-FIN GP, AND/OR ANY
OTHER LOAN PARTY;
10.1.9
LOAN DOCUMENTS.
IF ANY LOAN DOCUMENT FOR ANY REASON
OTHER THAN THE SATISFACTION IN FULL OF ALL OBLIGATIONS SHALL CEASE TO BE IN FULL
FORCE AND EFFECT (OTHER THAN IN ACCORDANCE WITH ITS TERMS), THEREBY PREVENTING
THE AGENT AND/OR THE LENDERS FROM OBTAINING THE PRACTICAL REALIZATION OF THE
BENEFITS THEREOF, OR IF ANY LOAN DOCUMENT SHALL BE DECLARED NULL AND VOID OR ANY
LOAN PARTY SHALL CLAIM OR DECLARE ANY SUCH LOAN DOCUMENT TO NO LONGER BE IN FULL
FORCE AND EFFECT OR IS NULL AND VOID, OR IF THE LIENS AND SECURITY INTERESTS
PURPORTED TO BE CREATED BY ANY OF THE LOAN DOCUMENTS SHALL CEASE TO BE VALID,
PERFECTED, FIRST PRIORITY (EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN)
SECURITY INTERESTS;
10.1.10
JUDGMENTS.
ONE OR MORE JUDGMENTS OR DECREES SHALL BE ENTERED
AGAINST THE BORROWER OR ANY OTHER LOAN PARTY OR BORROWER SUBSIDIARY INVOLVING A
LIABILITY (NOT PAID OR FULLY COVERED BY A REPUTABLE AND SOLVENT INSURANCE
COMPANY) AND SUCH JUDGMENTS AND DECREES EITHER SHALL BE FINAL AND NON-APPEALABLE
OR SHALL NOT BE VACATED, DISCHARGED OR STAYED OR BONDED PENDING APPEAL FOR ANY
PERIOD OF SIXTY (60) CONSECUTIVE DAYS, AND THE AGGREGATE AMOUNT OF ALL SUCH
JUDGMENTS EXCEEDS $500,000.00;
10.1.11
DEFAULT OF OTHER SPECIFIED DEBT AND RELATED DOCUMENTS.
IF A
DEFAULT OR EVENT OF DEFAULT (REGARDLESS OF HOW OR IF DEFINED) SHALL OCCUR UNDER
ANY MORTGAGE DEBT AS TO WHICH DEFAULT OR EVENT OF DEFAULT THE HOLDER HAS
ACCELERATED THE OBLIGATIONS DUE THEREUNDER AND COMMENCED EXERCISING ITS RIGHTS
UPON SUCH DEFAULT OR EVENT OF DEFAULT;
56
10.1.12
ERISA.
(I) IF ANY PLAN SHALL FAIL TO SATISFY THE MINIMUM
FUNDING STANDARD REQUIRED FOR ANY PLAN YEAR OR PART THEREOF OR A WAIVER OF SUCH
STANDARD OR EXTENSION OF ANY AMORTIZATION PERIOD IS SOUGHT OR GRANTED UNDER
SECTION 412 OF THE CODE, ANY PLAN SHALL HAVE HAD OR IS LIKELY TO HAVE A TRUSTEE
APPOINTED TO ADMINISTER SUCH PLAN, ANY PLAN IS, SHALL HAVE BEEN OR IS LIKELY TO
BE TERMINATED OR TO BE THE SUBJECT OF TERMINATION PROCEEDINGS UNDER ERISA, ANY
PLAN SHALL HAVE AN UNFUNDED CURRENT LIABILITY, A CONTRIBUTION REQUIRED TO BE
MADE TO A PLAN HAS NOT BEEN TIMELY MADE, THE BORROWER OR ANY BORROWER SUBSIDIARY
OR ANY ERISA AFFILIATE HAS INCURRED OR IS LIKELY TO INCUR A LIABILITY TO OR ON
ACCOUNT OF A PLAN UNDER SECTION 409, 502(I), 502(L), 515, 4062, 4063, 4064,
4069, 4201, 4204 OR 4212 OF ERISA OR SECTION 401(A)(29), 4971, 4975 OR 4980 OF
THE CODE, OR THE BORROWER OR ANY BORROWER SUBSIDIARY HAS INCURRED OR IS LIKELY
TO INCUR LIABILITIES PURSUANT TO ONE OR MORE EMPLOYEE WELFARE BENEFIT PLANS (AS
DEFINED IN SECTION 3(L) OF ERISA) THAT PROVIDE BENEFITS TO RETIRED EMPLOYEES OR
OTHER FORMER EMPLOYEES (OTHER