Common use of Breach of Other Covenants Clause in Contracts

Breach of Other Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement (other than a covenant which is dealt with specifically elsewhere in Section 11.1 hereof) and the breach of such other covenant is not cured to Agent's and the Required Lender's satisfaction within 15 days after the sooner to occur of any Senior Officer's receipt of notice of such breach from Agent or the date on which such failure or neglect first becomes known to any Senior Officer; provided, however, that such notice and opportunity to cure shall not apply in the case of any failure to perform, keep or observe any covenant which is not capable of being cured at all or within such 15-day period or which is a willful and knowing breach by Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Pameco Corp)

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Breach of Other Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement (other than a covenant which is dealt with specifically elsewhere in Section 11.1 hereof) and the breach of such other covenant is not cured to Agent's ’s and the Required Lender's ’s satisfaction within 15 days Business Days after the sooner to occur of any Senior Officer's ’s receipt of notice of such breach from Agent or the date on which of Borrowers’ Knowledge of such failure or neglect first becomes known to any Senior Officerneglect; provided, however, that such notice and opportunity to cure shall not apply in the case of any failure to perform, keep or observe any covenant which is not capable of being cured at all or within such 15-day 15 Business Day period or which is a willful and knowing breach by any Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Standard Register Co), Loan and Security Agreement (Standard Register Co), Loan and Security Agreement (Standard Register Co)

Breach of Other Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement (other than a covenant which is dealt with specifically elsewhere in Section SECTION 11.1 hereof) and the breach of such other covenant is not cured to Agent's and the Required Lender's satisfaction within 15 days after the sooner to occur of any Senior Officer's receipt of notice of such breach from Agent or the date on which such failure or neglect first becomes known to any Senior Officer; provided, however, that such notice and opportunity to cure shall not apply in the case of any failure to perform, keep or observe any covenant which is not capable of being cured at all or within such 15-day period or which is a willful and knowing breach by Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Toms Foods Inc)

Breach of Other Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement (other than a covenant which is dealt with specifically elsewhere in Section 11.1 hereof) and the breach of such other covenant is not cured to Agent's ’s and the Required Lender's ’s satisfaction within 15 days after the sooner to occur of any Senior Officer's ’s receipt of notice of such breach from Agent or the date on which such failure or neglect first becomes known to any Senior Officer; provided, however, that such notice and opportunity to cure shall not apply in the case of any failure to perform, keep or observe any covenant which is not capable of being cured at all or within such 15-day period or which is a willful and knowing breach by any Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Rowe Companies)

Breach of Other Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement (other than a covenant which is dealt with specifically elsewhere in Section 11.1 hereof) and the breach of such other covenant is not cured to Agent's and the Required Lender's satisfaction within 15 days after the sooner to occur of any Senior OfficerBorrower's receipt of notice of such breach from Agent Lender or the date on which such failure or neglect first becomes known to any Senior Officerofficer of Borrower; provided, however, that any such notice and opportunity to cure shall not apply in the case of any failure to perform, keep or observe any covenant which is not capable of being cured at all or within such 15-15 day period period, or which has been the subject of a prior failure within the preceding 90 days, or which is a willful and knowing breach by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Miltope Group Inc)

Breach of Other Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement (other than a covenant which is dealt with specifically elsewhere in Section 11.1 hereof) and the breach of such other covenant is not cured to Agent's and the Required Lender's satisfaction within 15 30 days after the sooner to occur of any Senior Officersuch Borrower's receipt of notice of such breach from Agent Lender or the date on which such failure or neglect first becomes known to any Senior Officerofficer of such Borrower; provided, however, that such notice and opportunity to cure shall not apply in the case of any failure to perform, keep or observe any covenant which is not capable of being cured at all or within such 15-30 day period period, or which has been the subject of a prior failure within the preceding 180 days, or which is a willful and knowing breach by a Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlantic Premium Brands LTD)

Breach of Other Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement (other than a covenant which is dealt with specifically elsewhere in Section SECTION 11.1 hereof) and the breach of such other covenant is not cured to Agent's and the Required Lender's Lenders' satisfaction within 15 30 days after the sooner to occur of any Senior Officer's receipt of notice of such breach from Agent or the date on which such failure or neglect first becomes known to any Senior Officer; provided, however, that such notice and opportunity to cure shall not apply in the case of any failure to perform, keep or observe any covenant which is not capable of being cured at all or within such 1530-day period or which is a willful and knowing breach by any Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear International Corp)

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Breach of Other Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement (other than a covenant which is dealt with specifically elsewhere in Section 11.1 hereof) and the breach of such other covenant is not cured to Agent's and the Required Lender's satisfaction within 15 30 days after the sooner to occur of any Senior Officer's receipt of notice of such breach from Agent or the date on which such failure or neglect first becomes known to any Senior Officer; provided, however, that such notice and opportunity to cure shall not apply in the case of any failure to perform, keep or observe any covenant which is not capable of being cured at all or within such 1530-day period or which is a willful and knowing breach by any Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear International Corp)

Breach of Other Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement (other than a covenant which is dealt with specifically elsewhere in Section 11.1 12.1 hereof) and the breach of such other covenant is not cured to Agent's and the Required Lender's satisfaction within 15 30 days after the sooner to occur of any Senior Officer's receipt of notice of such breach from Agent or the date on which such failure or neglect first becomes known to any Senior Officer; provided, however, that such notice and opportunity to cure shall not apply in the case of any failure to perform, keep or observe any covenant which is not capable of being cured at all or within such 1530-day period or which is a willful and knowing breach by any Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear Co Inc)

Breach of Other Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in this Agreement (other than a covenant which is dealt with specifically elsewhere in Section 11.1 SECTION 12.1 hereof) and the breach of such other covenant is not cured to Agent's and the Required Lender's satisfaction within 15 20 days after the sooner to occur of any Senior Officersuch Borrower's receipt of notice of such breach from Agent Lender or the date on which such failure or neglect first becomes known to any Senior OfficerOfficer of such Borrower; provided, however, that such notice and opportunity to cure shall not apply in the case of any failure to perform, keep or observe any covenant which is not capable of being cured at all or within such 1520-day period or which is results from a willful and knowing breach by a Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Proxymed Inc /Ft Lauderdale/)

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