This excerpt taken from the NOVA 8-K filed Jun 27, 2007.
Default and Remedies
Section 6.01. Events of Default. In addition to the Events of Default specified in Section 6.01 of the Base Indenture, each of the following will constitute and Event of Default with respect to the Notes:
(a) the Company defaults in the payment of Cash or shares of Common Stock (if any) upon conversion of any Note (including any Additional Shares) when the same becomes due and payable hereunder;
(b) the Company defaults in the payment of the purchase price of any Note when the same becomes due and payable pursuant to Article III hereof;
(c) the Company fails to provide on a timely basis written notice of a Fundamental Change as required by Section 3.01(b);
(d) the Company defaults in the payment of any indebtedness for money borrowed by the Company or one of its Significant Subsidiaries in an outstanding principal amount in excess of $5,000,000 when the same becomes due and payable or is accelerated and such indebtedness is not discharged, or such default in payment or acceleration is not cured or rescinded after the applicable grace period, if any, specified in the agreement or instrument relating to such indebtedness; and
(e) the Company or any of its Significant Subsidiaries defaults in the payment of one or more final and non-appealable judgments entered by a court or courts of competent jurisdiction, the aggregate uninsured or unbonded portion of which is in excess of $5,000,000 and such judgments are not paid, discharged or stayed within 60 days.
Section 6.02. Amendment and Waiver. Notwithstanding any other provision of the Indenture, the consent of each Holder affected thereby is required for any amendment to, or waiver of any Default under, this Article VI.