Sunoco 2013 Annual Report Download - page 232

74
(b) The Borrower fails to pay any Obligation (other than the Obligations in subsection
(a) above), whether at a date for the payment of a fixed installment or as a contingent or other
payment becomes due and payable or as a result of acceleration or otherwise, within five Business
Days after the same becomes due;
(c) Any Loan Party fails to duly observe, perform or comply with any covenant,
agreement or provision of Section 6.03 or Article VII;
(d) Any Loan Party fails (other than as referred to in subsections (a), (b) or (c) above)
to duly observe, perform or comply with any covenant, agreement, condition or provision of any
Loan Document to which it is a party, and such failure remains unremedied for a period of thirty
(30) days after notice of such failure is given by the Administrative Agent to the Borrower;
(e) Any representation or warranty previously, presently or hereafter made in writing
by the Borrower or any other Loan Party in connection with any Loan Document shall prove to
have been false or incorrect in any material respect on any date on or as of which made;
(f) Any Loan Document at any time ceases to be valid, binding and enforceable as
warranted in Section 5.05 for any reason, or shall be declared null and void or any Loan Party shall
repudiate in writing its obligations thereunder, or any Loan Party shall contest the validity or
enforceability of any Loan Document in writing or deny in writing that it has any further liability,
under any Loan Document to which it is a party;
(g) Any one or more Loan Parties or Subsidiaries (i) fails to make any payment when
due (whether by scheduled maturity, required prepayment, acceleration, demand, or otherwise) in
respect of any Indebtedness (other than Indebtedness hereunder but including obligations under
Hedging Contracts), beyond any grace period provided with respect thereto; provided that the
aggregate outstanding principal amount of all such Indebtedness (including payment obligations
in respect of such Hedging Contracts) as to which such payment default shall occur and be continuing
exceeds $50,000,000, or (ii) fails to observe or perform any other agreement or condition relating
to any Indebtedness or contained in any instrument or agreement evidencing, securing or relating
thereto, or any other event occurs, in each case, if such default or other event shall have resulted in
the acceleration of the payment of any Indebtedness with an aggregate face amount that exceeds
$50,000,000;
(h) Either (i) any failure to satisfy the minimum funding standard (as defined in Section
412(a) of the Code) in excess of $100,000,000 with respect to any ERISA Plan, whether or not
waived, or (ii) any Termination Event occurs with respect to any ERISA Plan and the then current
value of such ERISA Plan’s benefit liabilities exceeds the then current value of such ERISA Plan’s
assets available for the payment of such benefit liabilities by more than $10,000,000 (or in the case
of a Termination Event involving the withdrawal of a substantial employer, the withdrawing
employer’s proportionate share of such excess exceeds such amount);
(i) The MLP, the Borrower or any Material Subsidiary: