Common use of Breach of Covenant Clause in Contracts

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents or this Note, except for a breach of payment, in any material respect and such breach, if subject to cure, continues for a period of ten (10) days after written notice to the Borrower from the Holder.

Appears in 3 contracts

Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)

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Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents or this Note, except for a breach of payment, in any material respect and such breach, if subject to cure, continues for a period of ten twenty (1020) days after written notice to the Borrower from the Holder.

Appears in 2 contracts

Samples: Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other material term or condition of the Subscription Agreement, Transaction Documents or this Note, except for a breach of payment, or other Transaction Document in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 2 contracts

Samples: Secured Convertible Promissory Note (IDO Security Inc.), Secured Convertible Promissory Note (IDO Security Inc.)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents or this Note, except for a breach of payment, in any material respect and such breach, if subject to cure, continues uncured for a period of ten (10) days after written notice to the Borrower from the Holderdays.

Appears in 2 contracts

Samples: Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp), Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other material term or condition of the Subscription Agreement, Transaction Documents Agreement or this Note, except for a breach of payment, Note in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from any Holder. Notwithstanding the Holderforgoing, this provision shall not apply to delayed registration under the Subscription Agreement for which liquidated damages shall be the sole remedy.

Appears in 1 contract

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

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents or this Note, except for a breach of payment, Note in any material respect and such breach, if subject to cure, continues for a period of ten seven (107) days after written notice to the Borrower from the Holderdays.

Appears in 1 contract

Samples: Subscription Agreement (Megawest Energy Corp.)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents Agreement entered into in connection with this Note or this Note, except for a breach of payment, Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Secured Note (General Components, Inc.)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents Agreement or this Note, except for a breach of payment, Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder, and provided that the default shall no longer apply if the Company cures such breach at any time after such ten business day period shall cause the Company.

Appears in 1 contract

Samples: Secured Note (Swiss Medica Inc)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or ------------------ other material term or condition of the Subscription Agreement, Transaction Documents Agreement or this Note, except for a breach of payment, Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Convertible Note (BigString CORP)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents or this Note, except for a breach of payment, Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Leakout Agreement (China Yongxin Pharmaceuticals Inc.)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents Escrow Agreement, Warrant or this Note, except for a breach of payment, in any material respect and such breach, if subject to cure, continues for a period of ten (10) days after written notice to the Borrower from the Holderdays.

Appears in 1 contract

Samples: Subscription Agreement (Vicor Technologies, Inc.)

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Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, this Note or other Transaction Documents or this Note, except for a breach of payment, in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Convertible Note (Coffee Pacifica Inc)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents or this Note, except for a breach of payment, in any material respect and such breach, if subject to cure, continues for a period of ten (10) days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Debt Exchange Agreement (Attitude Drinks Inc.)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents Agreement or this Note, except for a breach of payment, Note in any material respect resulting in a Material Adverse Effect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Secured Convertible Note (Aegis Assessments Inc)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or ------------------ other term or condition of the Subscription Agreement, this Note or Transaction Documents or this Note, except for a breach of payment, Document in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Secured Convertible Promissory Note (FTS Group, Inc.)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, this Note or Transaction Documents or this Note, except for a breach of payment, Document in any material respect and such breach, if subject to cure, continues for a period of ten (10) 15 business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Subscription Agreement (BioElectronics Corp)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, this Note or Transaction Documents or this Note, except for a breach of payment, Document in any material respect and such breach, if subject to cure, continues for a period of ten (10) 10 business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Subscription Agreement (NextMart Inc.)

Breach of Covenant. The Borrower or any Material Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement, Transaction Documents or this Note, except for a breach of payment, in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) days after written notice to the Borrower from the Holderdays.

Appears in 1 contract

Samples: Securities Purchase Agreement (InspireMD, Inc.)

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