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LUX » Topics » the Parent Guarantee or the Subsidiary Guarantee proves to have been false or incorrect in any material respect on the date as of which made; orThis excerpt taken from the LUX 6-K filed Jul 11, 2008. the Parent Guarantee or the Subsidiary Guarantee proves to have been false or incorrect in any material respect on the date as of which made; or(f) the Parent or any Subsidiary is in default (as principal or as guarantor or other surety) in the payment of any principal or premium or make-whole amount or interest on any Indebtedness that is outstanding in an aggregate principal amount of at least U.S.$25,000,000 (or its equivalent in the relevant currency of payment) beyond any period of grace provided with respect thereto, or the Parent or any Subsidiary is in default in the performance of or compliance with any term of any evidence of any Indebtedness in an aggregate outstanding principal amount of at least U.S.$25,000,000 (or its equivalent in the relevant currency of payment) or of any mortgage, indenture or other agreement relating thereto or any other condition exists, and as a consequence of such default or condition such Indebtedness has become, or has been declared (or one or more Persons are entitled to declare such Indebtedness to be), due and payable before its stated maturity or before its regularly scheduled dates of payment; or(g) the Company, the Parent or any Material Subsidiary (i) is generally not paying, or admits in writing its inability to pay, its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in insolvency or bankruptcy, for liquidation or winding-up, or to take advantage of any bankruptcy, insolvency, reorganization, moratorium or other similar law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to it or with respect to any substantial part of its property, (v) is adjudicated as insolvent or to be liquidated or wound-up, or (vi) takes corporate action for the purpose of any of the foregoing; or(h) a court or governmental authority of competent jurisdiction enters an order appointing, without consent by the Company, the Parent or any of its Material Subsidiaries, a custodian, receiver, administrator, administrative receiver, trustee or other officer with similar powers with respect to it or with respect to any substantial part of its property, or constituting an order for relief or approving a petition for relief or reorganization or any other petition in insolvency or bankruptcy or for liquidation or winding-up, or to take advantage of any bankruptcy or insolvency law of any jurisdiction, or ordering the dissolution, winding-up or liquidation of the Company, the Parent or any of its Material Subsidiaries, or any such petition shall be filed against the Company, the Parent or any of its Material Subsidiaries and such petition shall not be dismissed within 90 days; or(i) a final judgment or judgments for the payment of money aggregating in excess of U.S.$25,000,000 (or its equivalent in the relevant currency of payment) are rendered against one or more of the Parent and its Subsidiaries and which judgments are not, within 60 days after entry thereof, bonded, discharged or stayed pending appeal, or are not discharged within 60 days after the expiration of such stay;
32 (j) the Parent Guarantee ceases to be in full force and effect with respect to the Parent other than in accordance with the terms thereof and the terms of this Agreement or the Parent so alleges in writing;(k) the Subsidiary Guarantee ceases to be in full force and effect with respect to any Subsidiary Guarantor other than in accordance with its terms or the Parent or any such Subsidiary Guarantor so alleges in writing; or(l) if the aggregate amount of unfunded benefit liabilities (within the meaning of section 4001(a)(18) of ERISA) under all Plans, determined in accordance with Title IV of ERISA, shall exceed U.S.$300,000,000 and any such event or events either individually or together with any other such event or events, could reasonably be expected to have a Material Adverse Effect. |
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