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1. | The debtor is currently in default on any of its debt or it is probable that the debtor will be in default in the foreseeable future without the modification. |
2. | The debtor has declared or is in the process of declaring bankruptcy. |
3. | There is significant doubt as to whether the debtor will continue to be a going concern. |
4. | The debtor has securities that have been delisted, are in the process of being delisted, or are under threat of being delisted from an exchange. |
5. | Based on estimates and projections that encompass only the current business capabilities, the creditor forecasts that the debtor’s entity-specific cash flows will be insufficient to service the debt (interest and principal) in accordance with the contractual terms of the existing agreement for the foreseeable future. |
6. | Absent the current modification, the debtor cannot obtain funds from sources other than the existing creditors at an effective interest rate equal to the current market interest rate for similar debt for a non- troubled debtor. |
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