Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days after any officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);
Appears in 2 contracts
Samples: Revolving Credit Agreement (Freemarkets Inc), Credit Agreement (Freemarkets Inc)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days days after any officer the earlier of any Loan Party becomes aware (i) the date upon which an Authorized Officer knew or received written notice of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of and (ii) the date upon which written notice thereof is given to the Loan Parties as determined by the Administrative Agent in its sole discretion);or any Lender; or
Appears in 2 contracts
Samples: Credit Agreement (Aimco OP L.P.), Credit Agreement (Aimco Properties L.P.)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document Document, and such default shall continue unremedied for a period of thirty 30 days after the earlier of (30i) Business Days after the date any officer Authorized Officer of any Loan Party becomes aware or Subsidiary of the occurrence thereof (such grace period to be applicable only in the event any Loan Party knows of such default can be remedied or (ii) the date of receipt by corrective action any Loan Party of notice from the Loan Parties as determined by Administrative Agent or the Agent in its sole discretion)Required Lenders of such default;
Appears in 2 contracts
Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days after any officer following the earlier of (i) written notice of such default or (ii) any Loan Party becomes aware Party’s knowledge of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);default; or
Appears in 2 contracts
Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty twenty (3020) Business Days days after any officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);
Appears in 2 contracts
Samples: Credit Agreement (Blair Corp), Credit Agreement (Blair Corp)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document Document, and such default shall continue unremedied for a period of thirty (30) Business Days days after the earlier of (i) the date any officer Authorized Officer of any Loan Party becomes aware or Subsidiary of the occurrence thereof (such grace period to be applicable only in the event any Loan Party knows of such default can be remedied or (ii) the date of receipt by corrective action any Loan Party of notice from the Loan Parties as determined by Administrative Agent or the Agent in its sole discretion)Required Lenders of such default;
Appears in 2 contracts
Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document Document, and such default shall continue unremedied for a period of thirty ten (3010) Business Days after any officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);
Appears in 2 contracts
Samples: Credit Agreement (Champion Enterprises Inc), Credit Agreement (Champion Enterprises Inc)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty twenty (3020) Business Days after any officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);
Appears in 2 contracts
Samples: Revolving Credit Agreement (Tb Woods Corp), Credit Agreement (Phymatrix Corp)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days after any officer Responsible Officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Paying Agent in its sole discretion);
Appears in 1 contract
Samples: Credit Agreement (Consol Energy Inc)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days days after any officer the earlier of any Loan Party becomes aware (i) notice of such default by the Administrative Agent, and (ii) knowledge of such default by an Authorized Officer of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion)Parent;
Appears in 1 contract
Samples: Credit Agreement (Om Group Inc)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty fifteen (3015) Business Days after following the earlier to occur of (i) the Administrative Agent’s (given at the request of any officer Lender) notifying an Authorized Officer of the Lead Borrower of such default, or (ii) the obtaining of knowledge of such default by any Authorized Officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);Party; 8.
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days days after any officer the earlier of any (i) the date by which notice of such default would be required to be given by the applicable Loan Party becomes aware of under this Agreement or such other Loan Document and (ii) written notice from the occurrence thereof (such grace period Administrative Agent or any Lender to be the applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion)Party;
Appears in 1 contract
Samples: Revolving Credit Facility (Rti International Metals Inc)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document Document, and such default any of the foregoing defaults shall continue unremedied for a period of thirty (30) Business Days after any officer of any Loan Party becomes aware of the occurrence thereof calendar days (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties during such time period as determined by the Agent in its sole discretion);
Appears in 1 contract
Samples: Credit Agreement (Integrated Alarm Services Group Inc)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty fifteen (3015) Business Days after any officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Administrative Agent in its sole reasonable discretion);; 9
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days after any officer calendar days from the earlier to occur of (i) any Loan Party becomes aware obtaining knowledge of the occurrence thereof of such event and (ii) receipt of notice to the defaulting party by the Administrative Agent (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretionParties);
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document (other than as provided in Sections 8.1.1, 8.1.2 or 8.1.3 hereof) and such default shall continue unremedied for a period of thirty ten (3010) Business Days after any officer Authorized Officer of any Loan Party becomes aware acquires knowledge of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretionParties);
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days days after any officer Authorized Officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion)thereof;
Appears in 1 contract
Samples: Credit Agreement (Black Box Corp)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty ten (30) Business 10)Business Days after any officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days after days or more following the earlier to occur of (i) notice from the Administrative Agent or (ii) the date any executive officer or Authorized Officer of any Loan Party becomes aware Borrower (A) has knowledge of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action or (B) after due inquiry, would have obtained knowledge of the Loan Parties as determined by the Agent in its sole discretion);such default; or
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document (not specified in Sections 9.1.1 [Payments Under Loan Documents], 9.1.2 [Breach of Warranty] or 9.1.4 [Breach of Specified Covenants] above) and such default shall continue unremedied for a period of thirty (30) Business Days days after the earlier of (i) any officer Authorized Officer of any Loan Party becomes becoming aware of the occurrence thereof and (such grace period to be applicable only in ii) notice thereof from the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);Administrative Agent.
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days after any officer days from receipt of any Loan Party becomes aware of notice to the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined defaulting party by the Agent in its sole discretion);Administrative Agent; 9.
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days days after any officer Executive Officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion)thereof;
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days days after any officer the earlier to occur of any (a) receipt by a Loan Party becomes aware of the occurrence thereof knowledge of such default, or (such grace period to be applicable only in the event b) receipt by a Loan Party of notice of such default can be remedied by corrective action of from the Loan Parties as determined by the Agent in its sole discretion)Lender;
Appears in 1 contract
Samples: Term Loan Credit Agreement (New Jersey Resources Corp)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days after any officer Executive Officer of any Loan Party the Borrower becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);
Appears in 1 contract
Samples: Senior Unsecured Revolving Credit Facility (Cuno Inc)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days after any officer days from receipt of any Loan Party becomes aware of notice to the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined defaulting party by the Agent in its sole discretion)Administrative Agent;
Appears in 1 contract
Samples: Credit Agreement (Gentex Corp)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty ten (3010) Business Days after following the earlier to occur of (i) the Lender's notifying an Authorized Officer of DSW of such default, or (ii) the obtaining of knowledge of such default by any officer Authorized Officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion)Party;
Appears in 1 contract
Samples: Credit Agreement (DSW Inc.)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of Section 7.2.9, Section 7.2.22 or any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty ten (3010) Business Days after any officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);
Appears in 1 contract
Samples: Credit Agreement (Party City Corp)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days days after the earlier of (a) notice of such default to the Borrower from the Administrative Agent or any Lender and (b) actual knowledge of such default by an officer of any such Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion)Party;
Appears in 1 contract
Samples: Credit Agreement (Ferroglobe PLC)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days after any officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);
Appears in 1 contract
Samples: Credit Agreement (Roundys Inc)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days after any officer the Chief Executive Officer, President, Chief Financial Officer or Corporate Secretary of any Loan Party the Borrower becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties Borrower as determined by the Agent in its sole discretion);
Appears in 1 contract
Samples: Term Loan Credit Agreement (Champion Industries Inc)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of (i) Section 8.3.4 [Borrowing Base Certificates, Schedules of Accounts, Inventory and Payables] and such default shall continue unremedied for a period of five (5) days or (ii) any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty twenty-five (3025) Business Days after any officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion)Days;
Appears in 1 contract
Samples: Credit Agreement (Country Fair Inc)
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty ten (3010) Business Days after any officer of any Loan Party Borrower becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document Document, and such default shall continue unremedied for a period of thirty 30 days after the earlier of (30i) Business Days after the date any Authorized Officer or any other executive officer of any Loan Party becomes aware or Subsidiary of the occurrence thereof (such grace period to be applicable only in the event any Loan Party knows of such default can be remedied or (ii) the date of receipt by corrective action any Loan Party of notice from the Loan Parties as determined by Administrative Agent or the Agent in its sole discretion)Required Lenders of such default;
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days after any officer the Chief Executive Officer, President, Chief Financial Officer or Corporate Secretary of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty fifteen (3015) Business Days after following the earlier to occur of (i) the Administrative Agent’s (given at the request of any officer Lender) notifying an Authorized Officer of the Lead Borrower of such default, or (ii) the obtaining of knowledge of such default by any Authorized Officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion)Party;
Appears in 1 contract
Breach of Other Covenants. Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days days after any officer Authorized Officer of any Loan Party becomes aware of the occurrence thereof (such grace period to be applicable only in the event such default can be remedied by corrective action of the Loan Parties as determined by the Agent in its sole discretion);thereof; 8.
Appears in 1 contract
Samples: Credit Agreement (Black Box Corp)
Breach of Other Covenants. (i) Any of the Loan Parties shall default, in any material respect, default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of thirty (30) Business Days days after the earlier of (x) any officer Responsible Officer of any Loan Party the Borrower becomes aware of the occurrence thereof or (such grace period to be applicable only in y) the event date upon which the Borrower has received written notice of such default can be remedied by corrective action of from the Loan Parties as determined by the Agent in its sole discretion);Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Arch Coal Inc)