force and effect and enforceable against the Company in accordance with its terms; (f) default by the Company in the payment of principal of, premium, if any, or interest on, any obligation for borrowing money indebtedness (other than an obligation payable on demand or maturing less than 12 months from the creation or issue thereof) in an outstanding principal amount in excess of \(5\%\) of Consolidated Net Worth in the amounts at the time of default or any failure in

creation of issue thereof) in an outstanding principal amount in excess of \(5 \%\) of Consolidated Net Worth in the aggregate at the time of default, or any failure in the performance of any other covenant of the Company contained in any instrument under which such obligations are created or issued, provided that in each such case all cure periods relating to such default have expired and the holders of such borrowed money indebtedness or a trustee for such holders (if any) declares such indebtedness to be due and payable prior to its stated maturity, and provided further that if any such default is waived at any time by such holders or trustee in accordance with the terms of such instrument, then the Event of Default under the Indenture shall be deemed to be waived without further action on the part of the Trustee or the holders; (g) certain events of bankruptcy, insolvency or reorganization affecting the Company or BFI; and (h) the failure by BFI to comply with the obligations described herein under “— Change of Control”.