Common use of Breach of Covenant Clause in Contracts

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.

Appears in 28 contracts

Samples: Secured Convertible Term Note (Paincare Holdings Inc), Convertible Term Note (Equifin Inc), Secured Convertible Term Note (Micro Component Technology Inc)

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Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, in any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 22 contracts

Samples: Securities Purchase Agreement (Petrol Oil & Gas Inc), Note (Bio Key International Inc), Note (Bio Key International Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.

Appears in 20 contracts

Samples: Security Agreement (Electric City Corp), Secured Convertible Note (Transgenomic Inc), Secured Convertible Minimum Borrowing Note (Inyx Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, any such case, such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.

Appears in 20 contracts

Samples: Secured Convertible Term Note (Conversion Services International Inc), Secured Convertible Term Note (Axtive Corp), Secured Convertible Term Note (Pacific Biometrics Inc)

Breach of Covenant. The Borrower breaches any material other covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty ten (3010) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 17 contracts

Samples: Convertible Debenture (Caro Holdings Inc.), Convertible Debenture (Caro Holdings Inc.), Convertible Debenture (Caro Holdings Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty ten (3010) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 17 contracts

Samples: Subscription Agreement (Options Media Group Holdings, Inc.), Secured Note (Options Media Group Holdings, Inc.), Secured Note (Aprecia Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Subscription Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty seven (307) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 13 contracts

Samples: Convertible Note (Science Dynamics Corp), Convertible Note (Science Dynamics Corp), Convertible Note (Science Dynamics Corp)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 13 contracts

Samples: Securities Purchase Agreement (Cci Group Inc), Secured Term Note (Creative Vistas Inc), Secured Term Note (Creative Vistas Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Securities Purchase Agreement, this Note or the Purchase Agreement Transaction Document in any material respect and such breach, if subject to cure, continues for a period of thirty ten (3010) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 12 contracts

Samples: Subordinated Convertible Note (Accident Prevention Plus Inc), Subordinated Convertible Note (Accident Prevention Plus Inc), Subordinated Convertible Note (Accident Prevention Plus Inc)

Breach of Covenant. The Any Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 12 contracts

Samples: Secured Term Note (Thomas Equipment, Inc.), Secured Term Note (Thomas Equipment, Inc.), Secured Term Note (Thomas Equipment, Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 10 contracts

Samples: Secured Convertible Note (Blastgard International Inc), Convertible Note Agreement (Wizzard Software Corp /Co), Convertible Note (Wizzard Software Corp /Co)

Breach of Covenant. The Borrower breaches any material covenant or ------------------ other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty seven (307) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 9 contracts

Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect Note, and such breach, if subject to cure, breach continues for a period of thirty (30) days after the occurrence thereof.

Appears in 8 contracts

Samples: Convertible Note Agreement (IIOT-OXYS, Inc.), Convertible Note (IIOT-OXYS, Inc.), Convertible Note (Desert Hawk Gold Corp.)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect, or the Borrowers or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, any such case, such breach, if subject to cure, continues for a period of thirty twenty (3020) days after the occurrence thereof.

Appears in 8 contracts

Samples: Secured Convertible Term Note (Magic Lantern Group Inc), Secured Term Note (Synergy Brands Inc), Secured Convertible Term Note (Synergy Brands Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty ten (3010) days after the occurrence thereof.

Appears in 8 contracts

Samples: Secured Minimum Borrowing Convertible Note (Digital Angel Corp), Secured Revolving Convertible Note (Digital Angel Corp), Secured Convertible Note (Artemis International Solutions Corp)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty ten (3010) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 7 contracts

Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Assignment and Escrow Agreement (Attitude Drinks Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement dated as of the date hereof by and between the Borrower and the Holder (the "Subscription Agreement") or this Note or the Purchase Agreement in any material respect and such breach, if subject to capable of cure, continues for a period of thirty (30) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 6 contracts

Samples: Convertible Promissory Note (Lifesciences Opportunities Inc), Convertible Promissory Note (Lifesciences Opportunities Inc), Convertible Promissory Note (Lifesciences Opportunities Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty seven (307) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 6 contracts

Samples: Convertible Note (Metropolitan Health Networks Inc), Convertible Note (Metropolitan Health Networks Inc), Convertible Note (Path 1 Network Technologies Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty twenty (3020) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 6 contracts

Samples: Subscription Agreement (Vizario Inc), Secured Convertible Note (Commercial Consolidators Corp), Convertible Note (Nestor Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement (as hereafter defined) in any material respect and such breach, if subject to cure, continues for a period of thirty five (305) business days after the occurrence thereof.

Appears in 5 contracts

Samples: Secured Term Note (Stockeryale Inc), Secured Convertible Note (Stockeryale Inc), Secured Convertible Note (Stockeryale Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect respect, and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.

Appears in 5 contracts

Samples: Promissory Note (Rentech Inc /Co/), Promissory Note (Rentech Inc /Co/), Promissory Note (Rentech Inc /Co/)

Breach of Covenant. The Borrower breaches any material covenant ------------------ or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty seven (307) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 5 contracts

Samples: Convertible Note (Kaire Holdings Inc), Convertible Note (Endovasc LTD Inc), Convertible Note (One Voice Technologies Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty five (305) business days after the occurrence thereof.

Appears in 4 contracts

Samples: Secured Term Note (Stockeryale Inc), Secured Term Note (Stockeryale Inc), Secured Term Note (Stockeryale Inc)

Breach of Covenant. The Any Borrower breaches any material covenant or other term or condition of this Note Note, the Security Agreement or the Purchase any Ancillary Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 4 contracts

Samples: Secured Revolving Note (Thomas Equipment, Inc.), Secured Revolving Note (Maxim Mortgage Corp/), Secured Revolving Note (Thomas Equipment, Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 4 contracts

Samples: Convertible Note (Barrel Energy Inc.), Convertible Note (Barrel Energy Inc.), Convertible Note (BRK, Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty five (305) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 4 contracts

Samples: Loan Agreement (Cellteck Inc.), Consolidated Amendment Agreement (Cellteck Inc.), Second Consolidated Amendment Agreement (Cellteck Inc.)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect and respect, in any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 3 contracts

Samples: Convertible Term Note (Cryomass Technologies, Inc.), Convertible Term Note (Andina Gold Corp.), Convertible Term Note (Andina Gold Corp.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement (as hereafter defined) in any material respect and such breach, if subject to cure, continues for a period of thirty five (305) days after the occurrence thereof.

Appears in 3 contracts

Samples: Secured Convertible Note (Digital Angel Corp), Secured Convertible Note (Digital Angel Corp), Secured Convertible Note (Digital Angel Corp)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 3 contracts

Samples: Convertible Note (Venta Global Inc), Convertible Note (Venta Global Inc), Convertible Note (Venta Global Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof, except where a longer cure period has been provided.

Appears in 3 contracts

Samples: Secured Convertible Term Note (Time America Inc), Secured Convertible Term Note (United Energy Corp /Nv/), Secured Convertible Term Note (Pipeline Data Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement Note, in any material respect and such breach, if subject to cure, continues for a period of thirty three (303) days Business Day after the occurrence thereof.

Appears in 3 contracts

Samples: Promissory Note (KonaRed Corp), Promissory Note (KonaRed Corp), Funds Advance Term Sheet (KonaRed Corp)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty five (305) days after the occurrence thereof.

Appears in 3 contracts

Samples: Convertible Note (RespireRx Pharmaceuticals Inc.), Convertible Note (RespireRx Pharmaceuticals Inc.), Convertible Note (RespireRx Pharmaceuticals Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Note Purchase Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) business days after the occurrence thereofearlier of (i) written notice to the Borrower from the Holder or (ii) the date that the Borrower learns of such breach.

Appears in 3 contracts

Samples: Note Purchase Agreement (Sun New Media Inc.), Note Purchase Agreement (Sun New Media Inc.), Note Purchase Agreement (PCS Edventures Com Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty five (3010) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 3 contracts

Samples: Acquisition Agreement, Asset Purchase Agreement (Smart-Tek Solutions Inc), Acquisition Agreement (Smart-Tek Solutions Inc)

Breach of Covenant. The Borrower breaches any material covenant or other ------------------ term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty seven (307) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 3 contracts

Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)

Breach of Covenant. The Any Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty twenty (3020) days after the occurrence thereof.

Appears in 3 contracts

Samples: Secured Convertible Term Note (Return on Investment Corp), Secured Convertible Minimum Borrowing Note (Catalyst Lighting Group Inc), Secured Convertible Note (Return on Investment Corp)

Breach of Covenant. The Borrower breaches any material -------------------- covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty seven (307) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 3 contracts

Samples: Convertible Note (Global Telemedia International Inc), Convertible Note (Global Telemedia International Inc), Convertible Note (Global Telemedia International Inc)

Breach of Covenant. The Borrower breaches any material covenant or ------------------ any other term or condition of this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, in any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 2 contracts

Samples: Secured Term Note (Elec Communications Corp), Secured Term Note (Elec Communications Corp)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, any such case, such breach, if subject to cure, continues for a period of thirty twenty (3020) days after the occurrence thereof.

Appears in 2 contracts

Samples: Secured Convertible Term Note (Secured Digital Applications Inc), Secured Convertible Term Note (Catalyst Lighting Group Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Note Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 2 contracts

Samples: Note Purchase Agreement (Small World Kids Inc), Note Purchase Agreement (Small World Kids Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase any other Investment Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.;

Appears in 2 contracts

Samples: Securities Purchase Agreement (Private Media Group Inc), Securities Purchase Agreement (Private Media Group Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect, or the Borrower or the Subsidiary breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 2 contracts

Samples: Senior Secured Convertible Debenture (Perfisans Holdings Inc), Secured Convertible Term Note (Perfisans Holdings Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Term Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, in any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 2 contracts

Samples: Secured Convertible Term Note (Corgenix Medical Corp/Co), Secured Convertible Term Note (Corgenix Medical Corp/Co)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty five (305) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 2 contracts

Samples: Oil & Gas Services Agreement, Warrant to Purchase Common Stock, Loan Agreement and Secured Promissory Note, Leasehold Mortgage, Assignment, Security Agreement and Fixture Filing (Cellteck Inc.), Convertible Note (Lmic Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to capable of cure, continues for a period of thirty five (305) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 2 contracts

Samples: Promissory Note (Cord Blood America, Inc.), Promissory Note (Cord Blood America, Inc.)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or Note, the Purchase Agreement or any Related Agreement in any material respect and respect, and, in any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 2 contracts

Samples: Securities Purchase Agreement (American Water Star Inc), Secured Convertible Term Note (American Water Star Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect and respect, any such case, such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereofof such breach.

Appears in 2 contracts

Samples: Secured Convertible Term Note (Elinear Inc), Secured Convertible Term Note (Elinear Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement, this Note or the Purchase Agreement other Transaction Document in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 2 contracts

Samples: Secured Convertible Promissory Note (Inrob Tech Ltd.), Secured Convertible Promissory Note (Inrob Tech Ltd.)

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 2 contracts

Samples: Secured Convertible Note (Tasker Products Corp), Secured Convertible Note (Millennium Biotechnologies Group Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect and respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement which has had, or could reasonably be expected to have, a Material Adverse Effect and, in any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 2 contracts

Samples: Secured Convertible Term Note (Powercold Corp), Secured Convertible Term Note (Powercold Corp)

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) business days after written notice to the occurrence thereofBorrower from the Holder. Notwithstanding the forgoing, this provision shall not apply to delayed registration under the Subscription Agreement for which liquidated damages shall be the sole remedy.

Appears in 2 contracts

Samples: Senior Secured Convertible Note (Advance Nanotech, Inc.), Senior Secured Convertible Note (Advance Nanotech, Inc.)

Breach of Covenant. The Any Borrower breaches any material covenant or other term or condition of this Note Note, the Security Agreement or the Purchase any Ancillary Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty twenty (3020) days after the occurrence thereof.

Appears in 2 contracts

Samples: Secured Revolving Note (Return on Investment Corp), Secured Revolving Note (Catalyst Lighting Group Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or Note, the Purchase Agreement or any Related Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 2 contracts

Samples: Secured Convertible Term Note (Mitek Systems Inc), Secured Convertible Term Note (RPM Technologies Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement Amendment in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 2 contracts

Samples: Note Purchase Agreement (Small World Kids Inc), Note Purchase Agreement (Small World Kids Inc)

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 2 contracts

Samples: Convertible Note (Empyrean Bioscience Inc), Convertible Note (Empyrean Bioscience Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect and respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect, and, in any such case, such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereofBorrower’s receipt of written notice from Holder of such breach.

Appears in 2 contracts

Samples: Secured Term Note (SouthPeak Interactive CORP), Secured Term Note (SouthPeak Interactive CORP)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty five (305) days after the occurrence thereofbusiness days.

Appears in 2 contracts

Samples: Note Exchange Agreement (Coconnect Inc), Debt Exchange Agreement (Coconnect Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, in such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 2 contracts

Samples: Secured Convertible Term Note (Coach Industries Group Inc), Secured Term Note (Coach Industries Group Inc)

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Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or Note, the Purchase Agreement or any Related Agreement in any material respect and respect, and, in any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 2 contracts

Samples: Secured Convertible Term Note (Clinical Data Inc), Secured Convertible Term Note (Icoria, Inc.)

Breach of Covenant. The Borrower breaches any material covenant or any other material term or condition of this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any material covenant or any other material term or condition of any Related Agreement in any material respect and and, any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after notice from Holder of the occurrence thereof.

Appears in 1 contract

Samples: Secured Convertible Term Note (Gvi Security Solutions Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after written notice to the occurrence thereof.Borrower from Holders of Notes representing greater than fifty percent (50%) of the then outstanding principal of the Notes;

Appears in 1 contract

Samples: Convertible Note Agreement (Silvergraph International Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note Debenture or the Purchase Subscription Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty twenty (3020) days after the occurrence thereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (Catalyst Ventures Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of of, or obligation under, this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty seven (307) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Advanced Optics Electronics Inc)

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Secured Convertible Note (Tasker Products Corp)

Breach of Covenant. The Any Borrower breaches any material covenant or other -------------------- term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.

Appears in 1 contract

Samples: Secured Convertible Minimum Borrowing Note (Elinear Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Second Amendment or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty ten (3010) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Secured Convertible Note (Conspiracy Entertainment Holdings Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other -------------------- term or condition of this Note or the Purchase Agreement in any material respect, or the Borrowers or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, any such case, such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.

Appears in 1 contract

Samples: Secured Convertible Term Note (Sequiam Corp)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Document or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (AirtimeDSL)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this the Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty FIFTEEN (3015) days Trading Days after written notice to the occurrence thereof.Borrower from the Holder;

Appears in 1 contract

Samples: Convertible Promissory Note (Red Giant Entertainment, Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Lease or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty five (305) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Loan Agreement (Cellteck Inc.)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or Note, the Purchase Agreement or any Related Agreement in any material respect and that could reasonably be expected to have an Material Adverse Effect, and, in any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 1 contract

Samples: Secured Convertible Term Note (Cardiogenesis Corp /Ca)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Security Agreement entered into in connection with this Note or the Purchase Agreement this Note in any material respect and such breach, if subject to cure, continues for a period of thirty three (303) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Secured Note (Force Protection Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) business days after the occurrence thereofearlier of (i) written notice to the Borrower from the Holder or (ii) the date that the Borrower learns of such breach.

Appears in 1 contract

Samples: Convertible Note (Villageedocs Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and if such breach, if subject to cure, breach is capable of cure such breach continues for a period of thirty seven (307) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Secured Convertible Note (Antra Holdings Group Inc)

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of this Note or the Purchase Agreement Note, in any material respect and such breach, if subject to cure, continues for a period of thirty twenty (3020) days Business Days after written notice to the occurrence thereofBorrower from the Lender.

Appears in 1 contract

Samples: Promissory Note (Guardion Health Sciences, Inc.)

Breach of Covenant. The Borrower or any of its Subsidiaries breaches any material covenant or other term or condition of this Note or Note, the Purchase Agreement or any Related Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.

Appears in 1 contract

Samples: Secured Convertible Term Note (Micro Component Technology Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other material term or condition of this Note or Note, the Purchase Agreement or any Related Agreement in any material respect and respect, and, in any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the receipt by the Borrower of written notice from the Holder of the occurrence thereof.

Appears in 1 contract

Samples: Secured Convertible Term Note (Front Porch Digital Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Asset Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof, except where a longer cure period has been provided.

Appears in 1 contract

Samples: Secured Term Note (Pipeline Data Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement Debenture in any material respect and such breach, if subject to cure, continues for a period of thirty five (305) days after the occurrence thereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Leo Motors, Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty five (305) calendar days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Note and Security Agreement (Osage Exploration & Development Inc)

Breach of Covenant. The Any Borrower breaches any material covenant or -------------------- other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.

Appears in 1 contract

Samples: Secured Revolving Note (Elinear Inc)

Breach of Covenant. The Borrower or any of its Subsidiaries breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.

Appears in 1 contract

Samples: Secured Convertible Note (Global Digital Solutions Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (AGU Entertainment Corp.)

Breach of Covenant. The Borrower breaches any material ------------------ covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty seven (307) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Convertible Note (One Voice Technologies Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement or this Debenture in any material respect and such breach, if subject to cure, continues for a period of thirty ten (3010) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Securities Agreement (Ustelematics Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note or Note, the Purchase Agreement or any Related Agreement in any material respect and respect, and, in any such case, such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.

Appears in 1 contract

Samples: Secured Convertible Term Note (Netguru Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement or any Related Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 1 contract

Samples: Senior Secured Convertible Note (Smartserv Online Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.. 7 -----------------------------------------------------------------------------------------------------

Appears in 1 contract

Samples: Convertible Term Note (Ventures National Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement Transaction Documents in any material respect and such breach, if subject to cure, continues for a period of thirty ten (3010) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Convertible Note (BioMETRX)

Breach of Covenant. The Borrower breaches any material covenant or ------------------ other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Convertible Note (Global Sports & Entertainment Inc/)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty five (305) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Share Purchase Agreement (VIASPACE Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement this Note in any material respect and such breach, if subject to cure, continues for a period of thirty three (303) business days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Secured Note (Celtron International Inc)

Breach of Covenant. The Borrower or Clinical Data breaches any material covenant or any other term or condition of this Note or Note, the Purchase Agreement or any Related Agreement in any material respect and respect, and, in any such case, such breach, if subject to cure, continues for a period of thirty fifteen (3015) days after the occurrence thereof.

Appears in 1 contract

Samples: Secured Convertible Term Note (Clinical Data Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Security Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence written notice by Xxxxxx to Borrower thereof.

Appears in 1 contract

Samples: Secured Convertible Note (Epixtar Corp)

Breach of Covenant. The Borrower breaches any material covenant or ------------------ other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after written notice to the occurrence thereofBorrower from the Holder.

Appears in 1 contract

Samples: Convertible Note (Go Online Networks Corp)

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of the Subscription Agreement or any other material term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, breach continues for a period of thirty twelve (3012) days after the occurrence thereof.business days

Appears in 1 contract

Samples: Convertible Note (Ever-Glory International Group, Inc.)

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