ServiceMagic 2012 Annual Report Download - page 192

S-58
ARTICLE SIX
DEFAULTS AND REMEDIES
SECTION 6.01.
Events of Default .
Each of the following shall be an “ Event of Default ”:
(1)
failure by the Issuer to pay interest on any of the Notes when it becomes due and payable and the
continuance of any such failure for 30 days;
(2) failure by the Issuer to pay the principal on any of the Notes when it becomes due and payable,
whether at stated maturity, upon redemption, upon purchase, upon acceleration or otherwise;
(3)
failure by the Issuer to comply (a) for 30 days after notice with Section 5.01 or (b) for 45 days after
notice in respect of its obligations to make a Change of Control Offer;
(4)
failure by the Issuer to comply with any other agreement or covenant in this Indenture and
continuance of this failure for 60 days after notice;
(5) default under any mortgage, indenture or other instrument or agreement under which there may be
issued or by which there may be secured or evidenced Indebtedness of the Issuer or any Significant Subsidiary, whether
such Indebtedness now exists or is incurred after the Issue Date, which default:
(a) is caused by a failure to pay at final maturity principal on such Indebtedness within the applicable
express grace period and any extensions thereof, or
(b) results in the acceleration of such Indebtedness prior to its express final maturity, and
in each case, the principal amount of such Indebtedness, together with any other Indebtedness with respect to which an
event described in clause (a) or (b) has occurred and is continuing, aggregates $75.0 million or more (and provided that, for
purposes of this clause (5) only, “Indebtedness” shall include any Hedging Obligations with the “principal amount” of any
Hedging Obligations at any time shall be the maximum aggregate amount (giving effect to any netting agreements) that the
Issuer or such Restricted Subsidiary would be required to pay if the agreement with respect to such Hedging Obligations
terminated at such time);
(6) one or more judgments or orders that exceed $75.0 million in the aggregate (net of amounts covered by
insurance or bonded) for the payment of money have been entered by a court or courts of competent jurisdiction against the
Issuer or any Significant Subsidiary and such judgment or judgments have not been satisfied, stayed, annulled or rescinded
within 60 days of being entered;
(7)
the Issuer or any Significant Subsidiary pursuant to or within the meaning of any Bankruptcy Law:
(a) commences a voluntary case,