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.
Appears in 4 contracts
Samples: Loan and Security Agreement (Iwt Tesoro Corp), Loan and Security Agreement (Iwt Tesoro Corp), Equipment Loan Note (Pure World Inc)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections Section or subsection 5.2, 5.3, 6.1.16.1.2, 6.1.26.2.4, 6.2.5, 6.2.68.1.1, 8.18.1.2, 8.1.4, 8.1.8, 8.2 or 8.3 hereof on the date that any Borrower is required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 6.1.1, 8.1.3 or 8.1.7 hereof within 5 days following the date on which such Borrower is required to perform, keep or observe such covenant.
Appears in 3 contracts
Samples: Loan and Security Agreement (Mfri Inc), Loan and Security Agreement (Mfri Inc), Loan and Security Agreement (Mfri Inc)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2Section or subsection 5.1.1, 5.35.1.2, 6.1.15.2.4, 6.1.25.2.5, 6.2.57.1.1, 6.2.67.1.2, 8.17.1.4, 8.2 7.2 or 8.3 7.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 7.1.3 or 7.1.7 hereof within 5 days following the date on which such Borrower is required to perform, keep or observe such covenant.
Appears in 3 contracts
Samples: Loan Agreement (Katy Industries Inc), Loan Agreement (Katy Industries Inc), Loan Agreement (Katy Industries Inc)
Breach of Specific Covenants. Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2Section or subsection (i) 6.1.2, 5.3, 6.1.1, 6.1.26.2.4, 6.2.5, 6.2.68.1.1, 8.18.1.2, 8.1.3 (other than 8.1.3(ii)), 8.1.4, 8.2 or 8.3 hereof on the date that Borrower is Borrowers are required to perform, keep or observe such covenant or (ii) 5.2, 5.3, 6.1.1, 8.1.3(ii), 8.1.9 or 8.1.11 hereof within 5 Business Days following the date on which Borrowers are required to perform, keep or observe such covenant.
Appears in 3 contracts
Samples: Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De)
Breach of Specific Covenants. Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Sections Section or subsection 5.2, 5.3, 6.1.16.1.2, 6.1.26.2.4, 6.2.5, 6.2.68.1.1, 8.18.1.2, 8.1.4, 8.1.8, 8.2 or 8.3 hereof on the date that Borrower is Borrowers are required to perform, keep or observe such covenant.covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 8.1.3 or 8.1.6 hereof within 5 days (10 days with respect to
Appears in 2 contracts
Samples: Loan and Security Agreement (Velocity Express Corp), Loan and Security Agreement (Velocity Express Corp)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.21.1.2, 5.36.4, 6.1.17.1.1, 6.1.27.1.2, 6.2.57.2, 6.2.67.3.2., 8.19.1.1, 8.2 9.1.3, 9.1.4, 9.1.5, 9.1.6, 9.1.7, 9.1.8, 9.1.9, 9.1.10, 9.2 or 8.3 9.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 2 contracts
Samples: Loan and Security Agreement (Health Systems Solutions Inc), Loan and Security Agreement (Health Systems Solutions Inc)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.36.1, 6.1.16.4, 6.1.28.1.1, 6.2.5, 6.2.6, 8.18.1.2, 8.2 (other than subsection 8.2.5, but only to the extent set forth in subsection 10.1.4) or 8.3 hereof hereof, on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 2 contracts
Samples: Loan and Security Agreement (Eagle Supply Group Inc), Loan and Security Agreement (Eagle Supply Group Inc)
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, 6.1.26.2, 6.2.56.3, 6.2.68.1.1, 8.18.1.3, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 2 contracts
Samples: Loan and Security Agreement (Nations Flooring Inc), Loan and Security Agreement (Nations Flooring Inc)
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, 6.2.56.2, 6.2.68.1.1, 8.18.1.3, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 2 contracts
Samples: Loan and Security Agreement (Bayard Drilling Technologies Inc), Loan and Security Agreement (Bayard Drilling Technologies Inc)
Breach of Specific Covenants. Any Borrower shall ---------------------------- fail or neglect to perform, keep or observe any covenant contained in Section or subsection 5, 6, 8.1 (except 8.1.3 and 8.1.6), 8.2 or 8.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant or 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 Section 8.1.3 or 8.3 8.1.6 hereof on within five (5) days following the date that Borrower is on which Borrowers are required to perform, keep or observe such covenant.
Appears in 2 contracts
Samples: Loan and Security Agreement (Falcon Products Inc /De/), Loan and Security Agreement (Falcon Products Inc /De/)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, SECTIONS 6.1.1, 6.1.26.2, 6.2.58.1.1, 6.2.68.1.3(I), 8.1(II), (III) OR (IV), 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 2 contracts
Samples: Loan and Security Agreement (Advanced Technical Products Inc), Loan and Security Agreement (Advanced Technical Products Inc)
Breach of Specific Covenants. Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, Section or subsection 6.1.1, 6.1.2, 6.2.4, 6.2.5, 6.2.68.1.1, 8.18.1.2, 8.1.4, 8.1.9, 8.2 or 8.3 hereof on the date that Borrower is Borrowers are required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 8.1.3 hereof within 10 days following the date on which Borrowers are required to perform, keep or observe such covenant.
Appears in 2 contracts
Samples: Loan and Security Agreement (Kinetek Inc), Loan and Security Agreement (Kinetek Inc)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 5.4, 6.1.1, 6.1.2, 6.2.5, 6.2.6, 8.18.1.1, 8.1.2, 8.1.4, 8.1.7, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 2 contracts
Samples: Loan and Security Agreement (Home Products International Inc), Loan and Security Agreement (Home Products International Inc)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.27.6, 5.38.2.5, 6.1.18.2.6, 6.1.210.1.1, 6.2.510.1.6, 6.2.6, 8.1, 8.2 or 8.3 hereof 10.2 on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Post Petition Loan and Security Agreement (Insight Health Services Holdings Corp)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.15.4, 6.1.2, 6.2.56.2.4, 6.2.68.1 (other than Sections 8.1.5, 8.18.1.6, 8.2 8.1.9), 8.2, 8.3 or 8.3 9.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant. Any shareholder of Xxxxx shall fail or neglect to perform, keep or observe any covenant contained in Section 8.4 hereof.
Appears in 1 contract
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, 6.1.26.2, 6.2.58.1.1, 6.2.6, 8.18.1.3 (i) and (ii), 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 5.4, 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.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections SECTIONS 5.2, 5.3, 6.1.1, 6.1.26.2, 6.2.56.3, 6.2.68.1.1, 8.18.1.3, 8.2 or OR 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Executone Information Systems Inc)
Breach of Specific Covenants. Borrower Borrowers 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 Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower Borrowers, or any of them, shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.16.1, 6.1.26.2, 6.2.56.4, 6.2.66.5, 8.1, 8.2 or 8.3 hereof hereof, on the date that Borrower is Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Gulfside Supply, Inc.)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.26.3, 5.37.1.1, 6.1.17.2.5, 6.1.29.1.1, 6.2.59.1.3, 6.2.6, 8.1, 8.2 9.2 or 8.3 9.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan Agreement (Fresh Foods Inc)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2SECTIONS 6.3, 5.37.1.1, 6.1.17.2.5, 6.1.27.2.6, 6.2.59.1.1, 6.2.69.1.3, 8.19.1.9, 8.2 9.1.10, 9.1.11, 9.1.12, 9.2 or 8.3 9.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
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, 6.2.56.2, 6.2.68.1.1, 8.18.1.3, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Black Warrior Wireline Corp)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.27.4, 5.38.1.1, 6.1.110.1.1, 6.1.210.1.2, 6.2.510.1.3(i), 6.2.610.1.3(ii), 8.110.1.7, 8.2 10.2 or 8.3 10.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Proficient Auto Logistics, Inc)
Breach of Specific Covenants. Borrower Borrowers 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, 6.2.66.5 8.1.1, 8.18.1.2, 8.1.4, 8.2 or 8.3 hereof on the date that Borrower is Borrowers are required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 8.1.3 hereof within 5 days following the date on which Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections Section or subsection 5.2, 5.3, 5.4, 6.1.1, 6.1.2, 6.2.4, 6.2.5, 6.2.68.1.1, 8.18.1.2, 8.1.4, 8.1.8, 8.2 or 8.3 hereof on the date that Borrower is Borrowers are required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in subsection 8.1.3 or 8.1.6 hereof within 10 days following the date on which Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Nes Rentals Holdings Inc)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.36.1.2, 6.1.1, 6.1.26.2.4, 6.2.5, 6.2.6, 8.18.1.1, 8.1.8 or 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Northwestern Steel & Wire Co)
Breach of Specific Covenants. Borrower or any Subsidiary of Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.35.4, 6.1.1, 6.1.26.2, 6.2.58.1.1, 6.2.6, 8.18.1.3, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.26.2, 6.2.58.1.1, 6.2.68.1.3, 8.18.1.8, 8.2 8.1.9, 8.2, or 8.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)
Breach of Specific Covenants. Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.27, 5.38.1.1, 6.1.18.2.1, 6.1.28.2.4, 6.2.58.2.5, 6.2.68.5, 8.110.1.1, 8.2 10.1.10, 10.1.11, 10.2 or 8.3 10.3 hereof on the date that each Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.26.5, 5.37.1.1, 6.1.17.2.4, 6.1.27.2.5, 6.2.57.2.6, 6.2.67.5, 8.19.1.1, 8.2 9.1.3, 9.1.6, 9.1.8, 9.1.9, 9.1.11, 9.2 or 8.3 9.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Tropical Sportswear International Corp)
Breach of Specific Covenants. Borrower shall fail or ---------------------------- neglect to perform, keep or observe any covenant contained in Sections 5.26.4, 5.37.1.1, 6.1.17.1.2, 6.1.27.2.1, 6.2.57.2.2(ii), 6.2.67.3.1., 8.17.3.2, 8.2 7.5, 9.1.1, 9.1.4, 9.1.5, 9.1.6, 9.1.7, 9.1.9, 9.1.10, 9.1.11, 9.2 or 8.3 9.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Gulf States Steel Inc /Al/)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.26.5, 5.37.1.1, 6.1.17.2.5, 6.1.27.2.6, 6.2.59.1.1, 6.2.69.1.6, 8.19.1.8, 8.2 9.2 or 8.3 10.5 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Danka Business Systems PLC)
Breach of Specific Covenants. Any Borrower shall fail or ---------------------------- neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.26.2, 6.2.58.1.1, 6.2.68.1.3, 8.18.1.8, 8.2 8.2, or 8.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.27.6, 5.38.2.5, 6.1.18.2.6, 6.1.210.1.1, 6.2.510.1.6, 6.2.6, 8.1, 8.2 10.2 or 8.3 hereof 10.3 on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Insight Health Services Holdings Corp)
Breach of Specific Covenants. Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.26.2, 6.2.58.1.1, 6.2.6, 8.18.1.3, 8.2 or 8.3 hereof on the date that Borrower is Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)
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, 6.1.26.2, 6.2.58.1.1, 6.2.68.1.3, 8.1, or 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant, provided that with respect to Sections 6.2, 8.1.1 and 8.1.3, Borrower shall have five (5) days after written notice to cure after Borrower's failure to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Any Borrower shall fail or ---------------------------- neglect to perform, keep or observe any covenant contained in Section or subsection 5, 6, 8.1 (except 8.1.3 and 8.1.6), 8.2 or 8.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant or 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 Section 8.1.3 or 8.3 8.1.6 hereof on within five (5) days following the date that Borrower is on which Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Falcon Products Inc /De/)
Breach of Specific Covenants. Either Borrower shall ------------------------------ fail or neglect to perform, keep or observe any covenant contained in Sections 5.24.4, 5.38.1.1, 6.1.1, 6.1.2, 6.2.5, 6.2.6, 8.18.1.3, 8.2 or 8.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Litchfield Financial Corp /Ma)
Breach of Specific Covenants. Any 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, 6.2.66.3.1, 8.18.1.1, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.8.1.3,
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Breach of Specific Covenants. Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Sections Section or subsection 5.2, 5.3, 5.4, 6.1.1, 6.1.2, 6.2.56.2.4, 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[_____] confidential treatment requested.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections Section 5.2, 5.3, 6.1.1, 6.1.2, 6.2.56.2, 6.2.68.1.1, 8.18.1.3, 8.1.11, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Black Warrior Wireline Corp)
Breach of Specific Covenants. Borrower shall (i) fail or neglect to perform, keep or observe any covenant contained in Sections 5.2Subsections 5.1.2, 5.37.1.1, 6.1.17.1.4, 6.1.2, 6.2.5, 6.2.6, 8.1, 8.2 7.2 or 8.3 7.3 hereof on the date that Borrower is required to perform, keep or observe such covenant or (ii) fail or neglect to perform, keep or observe any covenant contained in Sections 4.2, 7.1.2 or 7.1.3 hereof within ten (10) Business Days following the date on which Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
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, 6.1.26.2, 6.2.58.1.1, 6.2.68.1.2, 8.18.1.8, 8.2 or 8.3 hereof of this Agreement on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Gentiva Health Services Inc)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections Section or subsection 5.2, 5.3, 6.1.1, 6.1.2, 6.2.4, 6.2.5, 6.2.68.1.1, 8.18.1.2, 8.1.4, 8.1.9, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 8.1.3 or 8.1.7 hereof within 5 days following the date on which Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Loan and Security Agreement (Allied Healthcare Products Inc)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2SECTIONS 7.6, 5.38.2.5, 6.1.18.2.6, 6.1.210.1.1, 6.2.510.1.6, 6.2.6, 8.1, 8.2 10.2 or 8.3 hereof 10.3 on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (IMI of Arlington, Inc.)
Breach of Specific Covenants. Borrower shall fail or neglect ---------------------------- to perform, keep or observe any covenant contained in (i) Sections 3.4, 5.2, 5.37.1, 6.1.1, 6.1.2, 6.2.5, 6.2.6, 8.1, 8.2 7.2 or 8.3 7.3 hereof on the date that Borrower is required to perform, keep or observe such covenant or (ii) Sections 5.5 or 5.6 hereof within 10 days of the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.26.6, 5.37.1.1, 6.1.17.2.4, 6.1.27.2.5, 6.2.57.2.6, 6.2.67.5, 8.19.1.1, 8.2 9.1.3, 9.1.10, 9.1.11, 9.1.12, 9.1.13, 9.1.14, 9.2 or 8.3 9.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.2, 6.2.56.2.4, 6.2.66.5, 8.18.1.1, 8.1.2, 8.1.4, or 8.2 or 8.3 hereof on the date that Borrower is Borrowers are required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 8.1.3 hereof within 5 days following the date on which Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Breach of Specific Covenants. Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.27, 5.38.1.1, 6.1.18.2.1, 6.1.28.2.4, 6.2.58.2.5, 6.2.68.5, 8.110.1.1, 8.2 10.1.11, 10.1.12, 10.1.13, 10.2 or 8.3 10.3 hereof on the date that each Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep keep, or observe any covenant contained in Sections subsections 5.2, 5.3, 6.1.18.1.1, 6.1.28.1.3, 6.2.58.1.4, 6.2.68.1.5, 8.18.1.6, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep keep, or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Peregrine Real Estate Trust)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.26.6, 5.37.1.1, 6.1.17.2.1, 6.1.27.2.2, 6.2.57.2.5, 6.2.67.2.6, 8.17.4.2, 8.2 7.5, 9.1.1, 9.1.3, 9.1.5, 9.1.6, 9.1.8, 9.1.9, 9.1.10, 9.2 or 8.3 9.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Artesyn Technologies Inc)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections subsections 5.2, 5.3, 6.1.1, 6.1.26.2, 6.2.58.1.1, 6.2.6, 8.18.1.3, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Color Spot Nurseries Inc)
Breach of Specific Covenants. Borrower shall (i) fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, Subsections 6.1.2, 6.2.58.1.1, 6.2.68.1.2, 8.18.1.4, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant or shall (ii) fail or neglect to perform, keep or observe any covenant contained in Sections 5.2 or 8.1.3 hereof within ten (10) Business Days following the date on which Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
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, 6.2.58.1.1, 6.2.68.1.2, 8.18.1.4, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 8.1.3 hereof within 5 days following the date on which Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower Borrowers, or any of them, shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.16.1, 6.1.26.2, 6.2.56.4, 6.2.66.5, 8.1, 8.2 (other than subsection 8.2.5, but only to the extent set forth in subsection 10.1.4) or 8.3 hereof hereof, on the date that Borrower is Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Supply Group Inc)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.26.2, 5.36.3, 6.1.17.1.1, 6.1.27.1.2, 6.2.57.2, 6.2.69.1.1, 8.19.1.3, 8.2 9.2 or 8.3 9.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.26.4, 5.37.1.1, 6.1.17.1.2, 6.1.27.2, 6.2.57.3, 6.2.69.1.1, 8.19.1.3, 8.2 9.1.4, 9.1.5, 9.1.6, 9.1.8, 9.1.11, 9.2 or 8.3 9.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.26.2, 6.2.58.1.1, 6.2.68.1.2, 8.1, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.8.1.7,
Appears in 1 contract
Samples: Loan and Security Agreement (Gentiva Health Services Inc)
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, 6.1.26.2, 6.2.58.1.1, 6.2.6, 8.18.1.3, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2SECTIONS 6.3, 5.36.5, 6.1.16.6, 6.1.27.1.1, 6.2.57.1.2, 6.2.67.2.4, 8.17.2.5, 8.2 7.2.6, 7.5, 9.1.1, 9.1.3, 9.1.6, 9.1.8, 9.1.9, 9.1.11, 9.2 or 8.3 9.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Tropical Sportswear International Corp)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2SECTIONS 6.6, 5.37.1.1, 6.1.17.2, 6.1.27.4.2, 6.2.57.5, 6.2.69.1.1, 8.19.1.3, 8.2 or 8.3 9.1.6, 9.1.9, 9.1.10, 9.1.11, 9.2 OR 9.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Sed International Holdings Inc)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.18.1.1, 6.1.2, 6.2.5, 6.2.6, 8.18.1.3, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Electronics Boutique Holdings Corp)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.16.1, 6.1.26.2, 6.2.56.3, 6.2.66.4, 8.1, 8.1 or 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (KVH Industries Inc \De\)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections Section or subsection 5.2, 5.3, 5.4, 6.1.1, 6.1.2, 6.2.4, 6.2.5, 6.2.68.1.1, 8.18.1.4, 8.1.9, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 8.1.3 or 8.1.7 hereof within 5 days following the date on which Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.26.2, 5.36.3, 6.1.17.1.1, 6.1.27.2, 6.2.59.1.1, 6.2.69.1.3, 8.1, 8.2 9.2 or 8.3 9.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Atlantic Premium Brands LTD)
Breach of Specific Covenants. (a) Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.28.1.1, 6.2.58.2, 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; or (b) in the case of Sections 6.2 or 8.1.3, Borrower has not performed, kept or observed such covenant within 15 days of the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (First Aviation Services Inc)
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, 6.2.58.1.1, 6.2.6, 8.18.1.4, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 5.2, 8.1.2 or 8.1.3 hereof within 5 days following the date on which Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Borden Chemicals & Plastics Limited Partnership /De/)
Breach of Specific Covenants. Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.24.1, 5.34.2, 6.1.14.3, 6.1.26.1, 6.2.5, 6.2.6, 8.1, 8.2 or 8.3 6.2 hereof on the date that Borrower is Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall (i) fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.2, 6.2.58.1.1, 6.2.68.1.2, 8.18.1.4, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant or shall (ii) fail or neglect to perform, keep or observe any covenant contained in Sections 5.2 or 8.1.3 hereof within ten (10) Business Days following the date on which Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 5.4, 6.1.1, 6.1.2, 6.2.56.2, 6.2.68.1.1, 8.18.1.3, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Industrial Data Systems Corp)
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 subsections 3.2.1 or 8.3 hereof 3.2.2 or 3.3 on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Guaranty Facility and Security Agreement (Aperian Inc)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.27.1(a), 5.37.1(b), 6.1.17.1(c), 6.1.27.1(d), 6.2.57.1(h), 6.2.6, 8.1, 8.2 7.2 or 8.3 7.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Integra Lifesciences Corp)
Breach of Specific Covenants. Any 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, 6.2.66.3.1, 8.18.1.1, 8.1.3, 8.2 or 8.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant; provided that the breach of the financial covenant in subsection 8.3.1 may be cured by a Borrower if within 30 days of such breach such Borrower receives additional equity capital in an amount and manner satisfactory to all Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.1, 5.2, 5.3, 6.1.1, 6.1.26.2, 6.2.58.1.1, 6.2.68.1.3, 8.18.1.6, 8.1.7, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Financial Performance Corp)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.27.3, 5.38.1.1, 6.1.18.2.4, 6.1.28.2.5, 6.2.58.2.6, 6.2.68.5, 8.110.1.1, 8.2 10.1.3, 10.2 or 8.3 10.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Tropical Sportswear Co Inc)
Breach of Specific Covenants. Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.2, 6.2.4, 6.2.5, 6.2.6, 8.18.1.1, 8.1.3, 8.1.12, 8.1.13, 8.2 or 8.3 hereof on the date that Borrower is Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.27.2, 5.38.1.1, 6.1.110.1.1, 6.1.210.1.3, 6.2.5, 6.2.6, 8.1, 8.2 10.2 or 8.3 10.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2Section or subsection 1.1.3, 1.3, 5.3, 6.1.15.4, 6.1.2, 6.2.4, 6.2.5, 6.2.68.1.1, 8.18.1.2, 8.1.4, 8.1.7, 8.1.8, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 8.1.3 hereof within 5 days following the date on which Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
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, 6.1.26.2, 6.2.58.1.1, 6.2.6, 8.18.1.3, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Any 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, 6.2.58.1.1, 6.2.68.1.2, 8.18.1.4, 8.2 or 8.3 hereof on the date that Borrower is Borrowers are required to perform, keep or observe such covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 8.1.3 hereof within 5 days following the date on which Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.26.6, 5.37.1.1, 6.1.17.2.4, 6.1.27.2.5, 6.2.57.2.6, 6.2.67.5, 8.19.1.1, 8.2 9.1.3, 9.1.8, 9.2 or 8.3 9.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2Section or subsection 5.3, 5.35.4, 6.1.1, 6.1.2, 6.2.4, 6.2.5, 6.2.68.1.1, 8.18.1.2, 8.1.4, 8.1.8, 8.1.10, 8.1.11 or 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.covenant or shall fail or neglect to perform, keep or observe any covenant contained in Section 8.1.3 or
Appears in 1 contract
Breach of Specific Covenants. Borrower Borrowers shall fail or neglect ---------------------------- to perform, keep or observe any covenant contained in Sections Section or subsection 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.6.2.4,
Appears in 1 contract
Samples: Loan and Security Agreement (Velocity Express Corp)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.36.1, 6.1.16.2, 6.1.26.4, 6.2.58.1.1, 6.2.68.1.3, 8.18.1.7, 8.2 8.1.9, 8.1.10, 8.1.11, 8.1.12, 8.2, 8.3, or 8.3 8.4 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower Borrowers, or any of them, shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.36.1, 6.1.16.4, 6.1.28.1.1, 6.2.5, 6.2.6, 8.18.1.2, 8.2 (other than subsection 8.2.5, but only to the extent set forth in subsection 10.1.4) or 8.3 hereof hereof, on the date that Borrower is Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Supply Group Inc)
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.26.6, 5.37.1.1, 6.1.17.2.4, 6.1.27.2.5, 6.2.57.2.6, 6.2.67.5, 8.19.1.1, 8.2 9.1.3, 9.1.8, or 8.3 9.2 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2SECTIONS 6.6, 5.37.1.1, 6.1.17.2.4, 6.1.27.2.5, 6.2.57.2.6, 6.2.67.5, 8.19.1.1, 8.2 9.1.3, 9.1.8, 9.2 or 8.3 9.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or ---------------------------- neglect to perform, keep or observe any covenant contained in Sections 5.26.2, 5.36.3, 6.1.17.1.1, 6.1.29.1.1, 6.2.5, 6.2.6, 8.1, 8.2 9.2 or 8.3 9.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.27.1.1, 5.37.2.4, 6.1.17.2.5, 6.1.27.2.6, 6.2.57.5, 6.2.69.1.1, 8.19.1.3(i), 8.2 (ii), (iii) or 8.3 (iv), 9.1.6, 9.1.11, 9.1.13, 9.2 or 9.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
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, 6.1.26.2, 6.2.58.1.1, 6.2.661 8.1.3, 8.1, 8.1 or 8.2 or and 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections SECTIONS 5.2, 5.3, 5.4, 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.
Appears in 1 contract
Samples: Loan and Security Agreement (Media Sciences International Inc)
Breach of Specific Covenants. Any Borrower shall fail ---------------------------- or neglect to perform, keep or observe any covenant contained in Sections 5.26.3, 5.37.1.1, 6.1.17.1.2, 6.1.27.2.4, 6.2.57.2.5, 6.2.67.2.6, 8.19.1.1, 8.2 9.1.3, 9.2 or 8.3 9.3 hereof on the date that such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Samples: Loan and Security Agreement (Gulf States Steel Inc /Al/)