PREPAY, OR BY REQUIRED PREPAYMENT OR FAILURE TO PAY ANY OTHER
LIABILITIES OR MAKE ANY OTHER PAYMENT, FEE OR CHARGE PROVIDED FOR HEREIN WHEN
DUE OR IN ANY OTHER DOCUMENT;
10.2.
BREACH OF REPRESENTATION.
ANY REPRESENTATION OR
WARRANTY MADE OR DEEMED MADE BY ANY BORROWER OR ANY GUARANTOR IN THIS AGREEMENT,
ANY OTHER DOCUMENT OR ANY RELATED AGREEMENT OR IN ANY CERTIFICATE, DOCUMENT OR
FINANCIAL OR OTHER STATEMENT FURNISHED AT ANY TIME IN CONNECTION HEREWITH OR
THEREWITH SHALL PROVE TO HAVE BEEN MISLEADING IN ANY MATERIAL RESPECT ON THE
DATE WHEN MADE OR DEEMED TO HAVE BEEN MADE;
10.3.
FINANCIAL INFORMATION.
FAILURE BY ANY BORROWER TO
(I) FURNISH FINANCIAL INFORMATION WHEN DUE OR WHEN REQUESTED AND SUCH FAILURE
SHALL CONTINUE FOR FIVE (5) CONSECUTIVE DAYS, OR (II) PERMIT THE INSPECTION OF
ITS BOOKS OR RECORDS AS AND WHEN REQUIRED UNDER THIS AGREEMENT;
10.4.
JUDICIAL ACTIONS.
ISSUANCE OF A NOTICE OF LIEN,
LEVY, ASSESSMENT, INJUNCTION OR ATTACHMENT AGAINST ANY BORROWER'S INVENTORY OR
RECEIVABLES, OR AGAINST A MATERIAL PORTION OF ANY BORROWER'S OTHER PROPERTY;
10.5.
NONCOMPLIANCE.
EXCEPT AS OTHERWISE PROVIDED FOR IN
SECTIONS 10.1, 10.3 AND 10.5(II), (I) FAILURE OR NEGLECT OF ANY BORROWER OR ANY
GUARANTOR OR ANY PERSON TO PERFORM, KEEP OR OBSERVE ANY TERM, PROVISION,
CONDITION, COVENANT HEREIN CONTAINED, OR CONTAINED IN ANY OTHER DOCUMENT OR ANY
OTHER AGREEMENT OR ARRANGEMENT, NOW OR HEREAFTER ENTERED INTO BETWEEN ANY
BORROWER OR ANY GUARANTOR OR SUCH PERSON, AND AGENT OR ANY LENDER, OR
(II) FAILURE OR NEGLECT OF ANY BORROWER TO PERFORM, KEEP OR OBSERVE ANY TERM,
PROVISION, CONDITION OR COVENANT, CONTAINED IN SECTIONS 4.6, 4.7, 4.9, 6.1, 6.3,
6.4, 9.4 OR 9.6 HEREOF WHICH IS NOT CURED WITHIN FIFTEEN (15) DAYS FROM THE
OCCURRENCE OF SUCH FAILURE OR NEGLECT;
10.6.
JUDGMENTS.
ANY JUDGMENT OR JUDGMENTS ARE RENDERED
AGAINST ANY BORROWER OR ANY GUARANTOR FOR AN AGGREGATE AMOUNT IN EXCESS OF
$1,000,000 OR AGAINST ALL BORROWERS OR GUARANTORS FOR AN AGGREGATE AMOUNT IN
EXCESS OF $1,000,000 AND (I) ENFORCEMENT PROCEEDINGS SHALL HAVE BEEN COMMENCED
BY A CREDITOR UPON SUCH JUDGMENT, (II) THERE SHALL BE ANY PERIOD OF THIRTY (30)
CONSECUTIVE DAYS DURING WHICH A STAY OF ENFORCEMENT OF SUCH JUDGMENT, BY REASON
OF A
80
PENDING APPEAL OR OTHERWISE, SHALL NOT BE IN EFFECT, OR (III) ANY SUCH JUDGMENT
RESULTS IN THE CREATION OF A LIEN UPON ANY OF THE COLLATERAL (OTHER THAN A
PERMITTED ENCUMBRANCE);
10.7.
BANKRUPTCY.
ANY BORROWER, SUBSIDIARY OF ANY
BORROWER OR ANY GUARANTOR SHALL (I) APPLY FOR, CONSENT TO OR SUFFER THE
APPOINTMENT OF, OR THE TAKING OF POSSESSION BY, A RECEIVER, CUSTODIAN, TRUSTEE,
LIQUIDATOR OR SIMILAR FIDUCIARY OF ITSELF OR OF ALL OR A SUBSTANTIAL PART OF ITS
PROPERTY, (II) MAKE A GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS,
(III) COMMENCE A VOLUNTARY CASE UNDER ANY STATE OR FEDERAL BANKRUPTCY LAWS (AS
NOW OR HEREAFTER IN EFFECT), (IV) BE ADJUDICATED A BANKRUPT OR INSOLVENT,
(V) FILE A PETITION SEEKING TO TAKE ADVANTAGE OF ANY OTHER LAW PROVIDING FOR THE
RELIEF OF DEBTORS, (VI) ACQUIESCE TO,