Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Section or subsection 5.3, 6.1.1 (first sentence), 6.1.2 (first two sentences), 6.2.3, 6.2.4, 8.1.1, 8.1.2, 8.1.7, 8.1.9, 8.1.10, 8.1.11 or 8.2 hereof on the date that 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, 8.1.4, or 8.1.5 hereof within five 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 (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Section or subsection 5.3, 6.1.1 (first sentence), 6.1.2 (first two sentences), 6.2.3, 6.2.4, 8.1.1, 8.1.2, 8.1.7, 8.1.9, 8.1.10, 8.1.11 or 8.2 hereof on the date that 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, 8.1.4, or 8.1.5 hereof within five 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 (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co)
Breach of Specific Covenants. Any Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Section or subsection 5.3, 6.1.1 (first sentence), 6.1.2 (first two sentences), 6.2.3i) 6.1.2, 6.2.4, 6.2.5, 8.1.1, 8.1.2, 8.1.78.1.3 (other than 8.1.3(ii)), 8.1.98.1.4, 8.1.10, 8.1.11 8.2 or 8.2 8.3 hereof on the date that Borrowers are required to perform, keep or observe such covenant or shall fail (ii) 5.2, 5.3, 6.1.1, 8.1.3(ii), 8.1.9 or neglect to perform, keep or observe any covenant contained in subsection 8.1.3, 8.1.4, or 8.1.5 8.1.11 hereof within five days 5 Business 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 (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Section or subsection 5.2, 5.3, 6.1.1 (first sentence)5.4, 6.1.2 (first two sentences)6.1.1, 6.2.36.1.2, 6.2.4, 6.2.5, 8.1.1, 8.1.2, 8.1.78.1.4 (provided that, no more than two (2) times during each fiscal year, the Borrowers may fail to timely deliver the required Borrowing Base Certificate; provided that, in such instances, such delivery shall occur no later than two (2) Business Days following the date due), 8.1.9, 8.1.10, 8.1.11 8.2 or 8.2 8.3 hereof on the date that Borrowers are 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 subsection 8.1.3, 8.1.4, Section 8.1.3 or 8.1.5 8.1.7 hereof within five 5 days following the date on which Borrowers are such Borrower is required to perform, keep or observe such covenant.
Appears in 2 contracts
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc), Loan and Security Agreement (D & K Healthcare Resources Inc)
Breach of Specific Covenants. Any Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Section or subsection 5.3, 6.1.1 (first sentence), 6.1.2 (first two sentences), 6.2.3i) 6.1.2, 6.2.4, 6.2.5, 8.1.1, 8.1.2, 8.1.78.1.3 (other than 8.1.3(ii)), 8.1.98.1.4, 8.1.10, 8.1.11 8.2 or 8.2 8.3 hereof on the date that Borrowers are required to perform, keep or observe such covenant or shall fail (ii) 5.2, 5.3, 5.4, 6.1.1, 8.1.3(ii), 8.1.9 or neglect to perform, keep or observe any covenant contained in subsection 8.1.3, 8.1.4, or 8.1.5 8.1.11 hereof within five days 5 Business 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 (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De)
Breach of Specific Covenants. Any Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Section or subsection 5.3, 6.1.1 (first sentence), 6.1.2 (first two sentences), 6.2.3i) 6.1.2, 6.2.4, 6.2.5, 8.1.1, 8.1.2, 8.1.78.1.3 (other than 8.1.3(ii)), 8.1.98.1.4, 8.1.10, 8.1.11 8.2 or 8.2 8.3 hereof on the -62- date that Borrowers are required to perform, keep or observe such covenant or shall fail (ii) 5.2, 5.3, 6.1.1, 8.1.3(ii), 8.1.9 or neglect to perform, keep or observe any covenant contained in subsection 8.1.3, 8.1.4, or 8.1.5 8.1.11 hereof within five days 5 Business 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 (Wabash National Corp /De)
Breach of Specific Covenants. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Section or subsection 5.2, 5.3, 6.1.1 (first sentence)5.4, 6.1.2 (first two sentences)6.1.1, 6.2.36.1.2, 6.2.4, 6.2.5, 8.1.1, the first sentence of 8.1.2, 8.1.7, 8.1.9, 8.1.10, 8.1.11 8.2 or 8.2 hereof 8.3 on the date that Borrowers are 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 subsection subsections 8.1.3, 8.1.4, 8.1.4 or 8.1.5 hereof 8.1.7 within five days Business Days following the date on which Borrowers are any Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Any Borrower Borrowers shall fail or neglect to perform, keep or observe any covenant contained in Section or subsection 5.2, 5.3, 6.1.1 (first sentence)6.1.1, 6.1.2 (first two sentences), 6.2.36.1.2, 6.2.4, 6.2.5, 8.1.1, 8.1.2, 8.1.78.1.4, 8.1.9, 8.1.10, 8.1.11 8.2 or 8.2 8.3 hereof on the date that 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, 8.1.4, Section 8.1.3 or 8.1.5 8.1.7 hereof within five 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. Any Borrower shall fail or neglect to perform, keep or observe any covenant contained in Section or subsection 5.3, 6.1.1 (first sentence), 6.1.2 (first two sentences), 6.2.3, 6.2.4, 8.1.1, 8.1.2, 8.1.7, 8.1.9, 8.1.10, 8.1.11 or 8.2 hereof on the date that 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, 8.1.4, or 8.1.5 hereof within five days following the date on which Borrowers are required to perform, keep or observe such covenant.
Appears in 1 contract
Breach of Specific Covenants. Any Either Borrower shall fail or neglect to perform, keep or observe any covenant contained in Section or subsection 5.36.1.1, 6.1.1 (first sentence), 6.1.2 (first two sentences), 6.2.36.1.2, 6.2.4, 6.2.5, 8.1.1, 8.1.2, 8.1.7, 8.1.9, 8.1.10, 8.1.11 8.2 or 8.2 8.3 hereof on the date that Borrowers are 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 subsection Section 5.2.1, 5.2.2, 5.3, 5.4, 8.1.3, 8.1.4, 8.1.8 or 8.1.5 8.1.9 hereof within five 5 days following the date on which Borrowers are such Borrower is required to perform, keep or observe such covenant.
Appears in 1 contract