| Instrument expressly prohibit or restrict any such rights given to the Administrative Agent, then such
right shall be limited to the extent necessary so that such prohibition or restriction is not violated). In any
such case, following the Company's receipt thereof, the Company shall promptly provide to the
Administrative Agent copies of all executed amendments to underlying instrumentsUnderlying
Instruments, executed waiver or consent forms or other documents executed or delivered in connection
with any Amendment.
ARTICLE VII
EVENTS OF DEFAULT
If any of the following events ("Events of Default") shall occur:
(a) the Company shall fail to pay any amount owing by it in respect of the Secured
Obligations (whether for principal, interest, fees or other amounts) when and as the same shall
become due and payable, whether at the due date thereof or at a date fixed for prepayment thereof
or otherwise and, in the case of amounts other than principal and interest, such failure continues
for a period of one (1) Business Day (or, in the case of a default in payment resulting solely from
an administrative error or omission by the Collateral Agent or from a Disruption Event, two (2)
Business Days) following the earlier of (x) the Company becoming aware of such failure or (y)
receipt of written notice by the Company of such failure;
(b) any representation or warranty made or deemed made by or on behalf of the
Company, the Portfolio Manager, the Permitted Subsidiary (collectively, the "Credit Risk
Parties") or the Parent herein or in any Loan Document or any amendment or modification
thereof or waiver thereunder, or in any report, certificate, or other document (other than
projections, forward-looking information, general economic data, industry information or
information relating to third parties) furnished pursuant hereto or in connection herewith or any
amendment or modification thereof or waiver thereunder, shall prove to have been incorrect in
any material respect when made or deemed made (it being understood that the failure of a
Portfolio Investment to satisfy the Eligibility Criteria after the date of its purchase shall not
constitute a failure) and if such failure is capable of being remedied, such failure shall continue
for a period of 30 days following the earlier of (i) receipt by such Credit Risk Party or the Parent,
as applicable, of written notice of such inaccuracy from the Administrative Agent and (ii) an
officer of such Credit Risk Party or the Parent, as applicable, becoming aware of such inaccuracy
(or, if such failure could not reasonably be expected to be cured within 30 days, such Credit Risk
Party or the Parent, as applicable, commences and diligently pursues such cure and such failure is
cured within 45 days);
(c) (A) the Company (or to the extent it is obligated, the Permitted Subsidiary) shall
fail to observe or perform any covenant, condition or agreement contained in Section 6.02(a)(i)
through (vii), (xi) or (xix), (b)(i) through (iv), (d), (f), (h), (i), (l), (m), (o), (t), (v), (dd), (ee) or (jj)
or (B) any Credit Risk Party or the Parent shall fail to observe or perform any other covenant,
condition or agreement contained herein (it being understood that the failure of a Portfolio
Investment to satisfy the Eligibility Criteria after the date of its purchase shall not constitute such
a failure) or in any other Loan Document and, in the case of this clause (B), if such failure is
capable of being remedied, such failure shall continue for a period of 30 days following the
earlier of (i) receipt by such Credit Risk Party or the Parent, as applicable, of written notice of
such failure from the Administrative Agent and (ii) an officer of such Credit Risk Party or the
Parent, as applicable, becoming aware of such failure (or, if such failure could not reasonably be
- 65 - |