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GENERAL44265
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GENERAL44265
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Last modified
8/24/2016 8:13:02 PM
Creation date
11/23/2007 12:56:37 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Name
COVENANT SUPPLEMETN TO ACCOUNTS FINANCING AGREEMENT SECURITY AGREEMENT
Media Type
D
Archive
No
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4.6 a judgment is rendered against Borrower, any of <br />Guarantors or any other guarantor, endorser or other person liable <br />on the Obligations in excess of $250,000 in any one case or in <br />excess of $500,000 in the aggregate and the same shall remain <br />undischarged for a period in excess of thirty (30) days or <br />execution shall at any time not be effectively stayed; or <br />4.7 Borrower, Guarantors or any other guarantor, endorser or <br />other person liable on the Obligations shall default in the <br />payment of any amounts at any time due on any Indebtedness owed by <br />it to any one person in an amount equal to or in excess of $25,000 <br />or in the performance of any of the other terms or covenants of <br />any evidence of such Indebtedness or of any mortgage, security <br />agreement, indenture, pledge or other agreement relating thereto <br />or securing such Indebtedness or with respect to any contract, <br />lease, license or other agreement with any person other than <br />Congress (other than such defaults existing as of the date hereof <br />set forth on Exhibit E hereto and/or for the breach of a provision <br />relating to the commencement of the Chapter 11 Case); or <br />4.8 the occurrence of any condition or event which permits <br />Congress to exercise any of the remedies set forth in the <br />Financing Order, including, without limitation, any 'Event of <br />Default' as defined in the Financing Order; or <br />4.9 conversion of the Chapter 11 Case to a Chapter 7 case <br />under the Bankruptcy Code or of any of Guarantors' Chapter 11 <br />cases to a Chapter 7 case under the Bankruptcy Code; or <br />4.10 dismissal of the Chapter 11 Case or any subsequent <br />Chapter 7 case of Borrower, or of any of Guarantors' Chapter 11 <br />cases or any subsequent Chapter 7 case of any of Guarantors, <br />either voluntarily or involuntarily; or <br />4.11 any failure by Borrower or Guarantors to observe or <br />perform any of the terms or conditions of any order, stipulation <br />or other arrangements entered by or with the Bankruptcy Court in <br />the Chapter 11 Case; or <br />4.12 the granting of a lien on or other interest in any <br />property of Borrower or Guarantors, or administrative expense <br />claim, by any Bankruptcy or District Court Judge which is superior <br />to or ranks in parity with the lien or administrative expense <br />claim of Congress granted in this Agreement, the other Financing <br />Agreements or the Financing Order (except as contemplated pursuant <br />to Section 2.12 hereof); or <br />4.13 the Financing Order shall be revoked, remanded, <br />vacated, reversed, stayed, rescinded, modified or amended on <br />appeal or by any Bankruptcy Judge or District Court Judge; or <br />-13- <br />
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