Breach of Section 6 Sample Clauses

Breach of Section 6. 15(a) above. In the event any provision of ------------------------------- Section 6.15(a) above is breached, subject to the last sentence of this Section 6.15(c), the Applicable Margin shall increase by .25% per annum, effective the date of such breach under Section 6.15(a) above, and shall increase every 30 days thereafter (effective each 31st date following the preceding increase) by .25% per annum (but in no event shall the interest rate increase under this Section 6.15(c) by more than .25% per annum per 30 day period) until the earlier of (i) compliance with this Section 6.15, or (ii) such time as the per annum interest rate is equal to the Highest Lawful Rate (where the interest rate will remain until the Borrower is in compliance). If, on the date six months after the date of any breach, such breach is still in effect, then all Tenant Lease Revenues from any Oral Lease in excess of the fifteen percent limitation, will be excluded from revenues for the purpose of determining EBITDA in connection with any determination of (I) the Leverage Ratio (with respect to the determination of Section 8.01(a) hereof and the Applicable Margin), the Consolidated Leverage Ratio in Section 8.01(b) hereof, the consolidated interest coverage ratio set forth in Section 8.01(c) hereof, the pro forma debt service coverage ratio set forth in Section 8.01(d) hereof and the fixed charge coverage ratio set forth in Section 8.01(e) hereof, and such exclusion from EBITDA for such purposes will continue until five Business Days after the date the Borrower delivers to the Administrative Agent a certificate of an Authorized Officer certifying that there exists no breach under Section 6.15(a) above, in detail satisfactory to the Administrative Agent. If there exists no Default or Event of Default upon giving effect to any exclusion from EBITDA in accordance with the provisions set forth above, the interest rate shall be calculated without giving effect to any increase in the Applicable Margin set forth in this Section 6.15(c).
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Breach of Section 6. If and when applicable, a breach of paragraph 6 hereof.
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Breach of Section 6. 6. By Purchaser if the Company or any of its --------------------- Affiliates shall have materially and knowingly breached the covenants contained in Section 6.6.
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Breach of Section 6. 7. In the event that any Borrower shall breach any covenant set forth in Section 6.7 hereof, if Agent or Lenders waiver such breach, the maximum amount that Agent and Lenders agree to charge Borrowers for each waiver granted by Agent or Lenders is $5,000. Notwithstanding the foregoing, this Section shall in no manner act as any waiver of a breach of Section 6.7 or any other provision of this Agreement nor shall it be deemed a consent by Agent or Lenders to the breach of Section 6.7 or any other provision of this Agreement.
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Related to Breach of Section 6

  • Breach of Security 6.1 Either party shall notify the other immediately upon becoming aware of any Breach of Security including, but not limited to an actual, potential or attempted breach, or threat to, the Security Plan. 6.2 Upon becoming aware of any of the circumstances referred to in paragraph 6.1, the Contractor shall; a) immediately take all reasonable steps necessary to; (i) remedy such breach or protect the Contractor ICT System against any such potential or attempted breach or threat; and (ii) prevent an equivalent breach in the future. Such steps shall include any action or changes reasonably required by the Authority. In the event that such action is taken in response to a breach that is determined by the Authority acting reasonably not to be covered by the obligations of the Contractor under this Contract, then the Contractor shall be entitled to refer the matter to the change control procedure in clause F3 (Variation). b) as soon as reasonably practicable provide to the Authority full details (using such reporting mechanism as may be specified by the Authority from time to time) of such actual, potential or attempted breach and of the steps taken in respect thereof.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Breach of Specific Covenants Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.2, 6.2.5, 6.2.6, 8.1, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.

  • Liability for Breach of Agreement Upon the effectiveness of this Agreement, the Parties hereto shall perform their respective obligations under the Agreement. Any failure to perform the obligations stipulated in the Agreement, in part or in whole, shall be deemed as breach of contract and the breaching party shall compensate the non-breaching party for the loss incurred as a result of the breach.

  • Breach of Certain Covenants Failure of any Credit Party to perform or comply with any term or condition contained in Section 2.6, Section 5.2 or Section 6; or

  • Breach of Confidentiality Contractor acknowledges that there can be no adequate remedy at law for any breach of Contractor’s obligations hereunder, that any such breach will likely result in irreparable harm, and therefore, that upon any breach or threatened breach of the confidentiality obligations, the Court shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law. INDEMNIFICATION

  • Breach of Covenants If the Company breaches any of the covenants set forth in this Section 4, and in addition to any other remedies available to the Buyer pursuant to this Agreement, it will be considered an event of default under Section 3.4 of the Note.

  • 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.

  • Breach of the Agreement The Beneficiary commits a material breach of its obligations under this Agreement;

  • WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

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