Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 170)

(d) Any Borrower or any of its Subsidiaries shall fail to pay any principal of or any premium or interest on any

Indebtedness that is outstanding in a principal amount of or, in the case of any Hedge Agreement, having an Agreement

Value of, at least $75,000,000 (or the equivalent thereof in one or more foreign currencies), either individually or in the

aggregate (but excluding Indebtedness outstanding hereunder), of such Borrower or such Subsidiary, as the case may be,

when the same becomes due and payable (whether by scheduled maturity, required prepayment, acceleration, demand or

otherwise), and such failure shall continue after the applicable grace period, if any, specified in the agreement or instrument

relating to such Indebtedness; or any other event shall occur or condition shall exist under any agreement or instrument

relating to any such Indebtedness and shall continue after the applicable grace period, if any, specified in such agreement or

instrument, if the effect of such event or condition is to accelerate, or to permit the acceleration of, the maturity of such

Indebtedness; or any such Indebtedness shall be declared to be due and payable, or required to be prepaid or redeemed (other

than by a regularly scheduled required prepayment or redemption), purchased or defeased, or an offer to prepay, redeem,

purchase or defease such Indebtedness shall be required to be made, in each case prior to the stated maturity thereof; or

(e) Any Borrower or any Significant Subsidiary shall generally not pay its debts as such debts become due, or

shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors; or

any proceeding shall be instituted by or against any Borrower or any Significant Subsidiary seeking to adjudicate it a

bankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or

composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or

seeking the entry of an order for relief or the appointment of a receiver, trustee, custodian or other similar official for it or for

any substantial part of its property and, in the case of any such proceeding instituted against it (but not instituted by it), either

such proceeding shall remain undismissed or unstayed for a period of 60 days, or any of the actions sought in such

proceeding (including, without limitation, the entry of an order for relief against, or the appointment of a receiver, trustee,

custodian or other similar official for, it or any substantial part of its property and assets) shall occur; or any Borrower or any

Significant Subsidiary shall take any action to authorize any of the actions set forth above in this Section 6.01(e); or

(f) One or more judgments or orders for the payment of money in excess of $75,000,000 (or the equivalent

thereof in one or more foreign currencies) shall be rendered against one or more of the Borrowers and their Subsidiaries and

shall remain unsatisfied and either (i) enforcement proceedings shall have been commenced by any creditor upon such

judgment or order or (ii) there shall be any period of 30 consecutive days during which a stay of enforcement of any such

judgment or order, by reason of a pending appeal or otherwise, shall not be in effect; or

(g) Any material provision of this Agreement (including Article VII) or any Note after delivery thereof

pursuant to Article III shall for any reason cease to be valid and binding on or enforceable against any Borrower intended to

be a party thereto, or any Borrower or any of its Subsidiaries or other Affiliates shall so state in writing; or

Source: BLACK & DECKER CORP, 10-K, February 19, 2010 Powered by Morningstar

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 170