Ability to Cure. After the Restatement Effective Date, (i) if the Agent and the Borrower jointly identify any defect or ambiguity in any provision of the Loan Documents, then the Required Lenders hereby agree that the Agent and the Borrower shall be permitted to amend such provision to cure such defect or ambiguity and such amendment shall become effective without any further action or consent of any other party to any Loan Document if the same is not objected to in writing by the Required Lenders within five (5) Business Days following receipt of notice thereof and (ii) if the Agent and the Borrower jointly determine that it is desirable that a provision of any Loan Document be amended or waived solely for the purpose of complying with local law, then the Required Lenders hereby agree that the Agent and the Borrower shall be permitted to amend or waive such provision to the extent necessary to so comply and such amendment or waiver shall become effective without any further action or consent of any party to any Loan Document if the same is not objected to in writing by the Required Lenders within five (5) Business Days following receipt of notice thereof; provided, however, that this Section shall not be construed to permit any amendment or waiver that, pursuant to the terms of Section 9.02 of the Amended Credit Agreement, would require the consent of any party other than the Loan Parties, the Agent and the Required Lenders, unless such consent is obtained.
Ability to Cure. Prior to Fulton County exercising any remedies available pursuant to this Agreement or otherwise, Producer shall be given notice of a material default hereunder (if such default is curable) and accorded three (3) days to cure such default.
Ability to Cure. The Purchaser, for as long as the Purchaser exercises direction or control over any shares in the capital of HWDM, shall be permitted to cure, on behalf of HWDM in respect of the Partnership, any breach by the Partnership of its obligations under the Related Agreements subject to the applicable cure periods in such Related Agreements.
Ability to Cure. In the event that APPLICANT defaults -as specified in subsections (i)-(iii) above, the City Manager shall give APPLICANT written notice of such default. APPLICANT shall have thirty (30) days from the date of the notice to cure any such default (the “Cure Period”).
Ability to Cure. (a) A failure of a representation or warranty of Seller to be true and correct, any non-performance or non-compliance by Seller with an undertaking or agreement, the existence of a pending or threatened Proceeding, any failure by Seller to deliver a consent or the occurrence of a Seller Material Adverse Effect (each, a "Violation") shall be deemed "Cured" to the extent permitted by and for purposes of Section 6.02 only if Seller shall have, in consultation with Purchaser, subject to paragraph (b) below, paid in full all such amounts and taken all such other actions as are necessary to ensure (or, if all Violations (in the aggregate) have had or could reasonably be expected to have a Seller Material Adverse Effect, to ensure to the reasonable satisfaction of Purchaser) that after giving effect to such Cure (i) Purchaser Indemnified Parties have not suffered and will not suffer any direct or indirect Losses (including such as are or may be suffered indirectly as a current or future adverse effect on the business, assets, financial condition, or results of operation of the Business) or be in violation of or non-compliance with any Applicable Law by reason of such Violation (or such action by Seller to cure such Violation) or, in the case of a Violation of a representation or warranty, the facts and circumstances giving rise to such Violation, (ii) such Violation has not and will not result in any of the prohibitions, limitations or other requirements or consequences of the type described in Section 6.02(d) (whether or not relating to any Proceeding), and (iii) such Violation (or such action by Seller to cure such Violation), alone or together with all other Violations, has not impaired and will not impair (and, in the case of a Violation of a representation or warranty, the facts and circumstances giving rise to such Violation do not represent, as compared to the facts and circumstances disclosed pursuant to such representation or warranty on the date hereof, an impairment of) (A) the ability of Seller to perform its obligations under this Agreement or the Ancillary Agreements, (B) the ability of Purchaser to conduct the Business (other than the operation of the Brainerd Facility) substantially as conducted by Seller on the date of the Balance Sheet and the Closing Date (including Purchaser's ability to (x) continue uninterrupted and timely customer supply of products of the Business of the same quality as previously supplied and (y) transition production at ...
Ability to Cure. In the event that APPLICANT defaults pursuant to subsections (i), (ii), or (iii) of Section 7A above, the COUNTY shall give APPLICANT written notice of such default. If APPLICANT has not cured any such default within sixty (60) days, the COUNTY may terminate this Agreement, and the taxes abated by virtue of this Agreement shall be recaptured and paid within sixty (60) days from the date of such termination or the COUNTY abated tax repayment invoice issuance date; whichever date is later. If such failure cannot be cured within such sixty (60) day period in the exercise of all due diligence, and APPLICANT fails to commence to cure within such sixty (60) day period or fails to continuously thereafter diligently prosecute the cure of such failure, the COUNTY may terminate this Agreement, and the taxes abated by virtue of this Agreement shall be recaptured and paid within sixty (60) days from the date of termination.
