THAN AS REQUIRED BY SECTION 601 OF ERISA) OR
EMPLOYEE PENSION BENEFIT PLANS (AS DEFINED IN SECTION 3(2) OF ERISA) AND ANY OF
THE FOREGOING COULD HAVE A MATERIAL ADVERSE EFFECT; (II) IF THERE SHALL RESULT
FROM ANY SUCH EVENT OR EVENTS THE IMPOSITION OF A LIEN, THE GRANTING OF A
SECURITY INTEREST, OR A LIABILITY OR A MATERIAL RISK OF INCURRING A LIABILITY
WHICH COULD HAVE, OR REASONABLY BE EXPECTED TO HAVE, A MATERIAL ADVERSE EFFECT;
OR (III) IF WHICH LIEN, SECURITY INTEREST OR LIABILITY, INDIVIDUALLY, AND/OR IN
THE AGGREGATE, IN THE OPINION OF THE AGENT COULD HAVE, OR REASONABLY BE EXPECTED
TO HAVE, A MATERIAL ADVERSE EFFECT.
10.1.13
CHANGE OF CONTROL.
IF A CHANGE OF CONTROL SHALL OCCUR.
10.1.14
INDICTMENT; FORFEITURE.
THE INDICTMENT OF, OR INSTITUTION OF
ANY LEGAL PROCESS OR PROCEEDING AGAINST, THE BORROWER, ANY OTHER LOAN PARTY,
AND/OR ANY BORROWER SUBSIDIARY UNDER ANY APPLICABLE LAW WHERE THE RELIEF,
PENALTIES, OR REMEDIES SOUGHT OR AVAILABLE INCLUDE THE FORFEITURE OF ANY
PROPERTY OF THE BORROWER AND/OR ANY OTHER SUCH PERSON AND/OR THE IMPOSITION OF
ANY STAY OR OTHER ORDER, THE EFFECT OF WHICH COULD REASONABLY BE EXPECTED TO
HAVE A MATERIAL ADVERSE EFFECT.
10.1.15
DEFAULT OF OTHER OBLIGATIONS.
ANY FAILURE BY THE BORROWER TO
PAY AT MATURITY, OR WITHIN ANY APPLICABLE GRACE PERIOD, ANY OBLIGATION FOR
BORROWED MONEY, OR IN RESPECT OF ANY CAPITALIZED LEASE, OR ANY FAILURE TO
OBSERVE OR PERFORM ANY MATERIAL TERM, COVENANT OR AGREEMENT CONTAINED IN ANY
AGREEMENT BY WHICH THE BORROWER IS BOUND, EVIDENCING OR SECURING BORROWED MONEY,
OR IN RESPECT OF ANY CAPITALIZED LEASE, SUCH THAT THE HOLDER OR HOLDERS THEREOF
OR OF ANY OBLIGATIONS ISSUED THEREUNDER HAVE ACCELERATED THE MATURITY THEREOF.
10.1.16
TERMINATION OF GUARANTY OR THE BORROWER CONSENT.
THE
TERMINATION OR ATTEMPTED TERMINATION OF (I) ANY GUARANTY BY ANY GUARANTOR OF THE
OBLIGATIONS, OR (II) ANY INDEMNIFICATION BY ANY INDEMNITOR.
10.1.17
GENERALLY.
A DEFAULT BY THE BORROWER IN THE PERFORMANCE OF
ANY TERM, PROVISION OR CONDITION OF THIS AGREEMENT TO BE PERFORMED BY THE
BORROWER, OR A BREACH, OR OTHER FAILURE TO SATISFY, ANY OTHER TERM PROVISION,
CONDITION, COVENANT OR WARRANTY UNDER THIS AGREEMENT AND SUCH DEFAULT REMAINS
UNCURED BEYOND ANY APPLICABLE SPECIFIC GRACE PERIOD PROVIDED FOR IN THIS
AGREEMENT, OR AS SET FORTH IN SECTION 10.2. BELOW.
57
10.2
Grace Periods and Notice.
As to each of the
foregoing events the following provisions relating to grace periods and notice
shall apply:
10.2.1
NO NOTICE OR GRACE PERIOD.
EXCEPT FOR ANY GRACE OR
NOTICE PERIOD SPECIFICALLY PROVIDED FOR IN ANY REFERENCED SECTION OF THIS
AGREEMENT, THERE SHALL BE NO GRACE PERIOD AND NO NOTICE PROVISION WITH RESPECT
TO THE PAYMENT OF PRINCIPAL AT MATURITY AND NO GRACE PERIOD AND NO NOTICE
PROVISION WITH RESPECT TO DEFAULTS RELATED TO THE VOLUNTARY FILING OF BANKRUPTCY
OR REORGANIZATION PROCEEDINGS OR AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS, OR
WITH RESPECT TO A BREACH OF WARRANTY OR REPRESENTATION AS SET FORTH IN
SECTION 10.1.5, OR WITH RESPECT TO THE BREACH OF ANY OF