Breach of Undertakings. The Trustee assumes no responsibility for ascertaining whether or not (i) a breach of any of the undertakings in Condition 11 shall have occurred or (ii) any such breach shall have been rectified. Unless and until the Trustee has actual knowledge of any of the above events it shall be entitled to assume that no such event has occurred. The Trustee shall not be liable for any loss arising from any determination or calculation made pursuant to the Conditions or from any failure or delay in making any such determination or calculation.
Breach of Undertakings. The Trustee assumes no responsibility for ascertaining whether or not (i) a breach of any of the undertakings in Condition 11 shall have occurred or (ii) any such breach shall have been rectified or (iii) any adjustment falls to be made to the Conversion Price as a result thereof and shall have no liability to any person for not so doing. Unless and until the Trustee has written notice of any of the above events it shall be entitled to assume that no such event has occurred. The Trustee shall not be liable for any loss arising from any determination or calculation made pursuant to the Conditions or from any failure or delay in making any such determination or calculation.
Breach of Undertakings. The Borrower or a Security Provider does not comply with one of the provisions under Section 11 (Property-Related Undertakings), Section 12 (General Duties), Section 13 (Information Undertakings), Section 14 (Undertakings in relation to Accounts) or any other provision under the Finance Documents (except for a breach of the ISCR Level or LTV and 18.1.1 (Default in Payment)) compliance of which is, in the reasonable view of the Lender, material, provided that – if such a breach of contract is capable of being remedied – such breach is not remedied within 20 Business Days from the respective notification of the Lender towards the Security Provider or the Borrower or after the Security Provider or Borrower becoming aware of such breach.
Breach of Undertakings. The Borrower or the Guarantor is in breach of any covenants or fails to perform any of the undertakings contained in the Finance Documents to which it is a party.
Breach of Undertakings. The Issuer breaches any other obligations it has given under this Note, however, no Event of Default will occur if the failure to comply is capable of remedy and is remedied within 40 Business Days of the Holder giving notice to the Issuer.
Breach of Undertakings. The Borrower fails to comply with any undertaking given by it to the Lender in clauses 13, 14 or 15 except if that non-compliance:
16.3.1 is capable of remedy; and
16.3.2 is remedied within 10 (ten) Business Days of the earlier of the Lender giving notice of the breach to the Borrower and the Borrower becoming aware of the non-compliance.
Breach of Undertakings. Any Security Company breaches any one or more of its obligations (other than: (i) a payment obligation (which shall be an Event of Default under and in accordance with Clause 14.1 (a) and (ii) in the case of the Guarantor only, (A) its obligations in respect of its ownership in the voting shares of the Borrower under each of Clause 11.2.1 (d) and Clause 11.2.2 (which shall be an Event of Default under and in accordance with Clause 14.1 (j)(i)) and (B) any of its other obligations under Clause 11.2 (which shall be a Trigger Event under and in accordance with Clause 13.1 (b)) under any Financing Document, or any condition attached to any waiver or consent given under any Financing Document is not fulfilled on the due date provided that a Trigger Event shall not occur under this Clause 13.1 (a) in respect of a breach by the Borrower of any one or more of its obligations under Clause 11.3(l) or Clause 11.3(m) if, in either case,:
(i) such breach is capable of being remedied by the Borrower;
(ii) the amounts spent or to be spent by the Borrower to remedy such breach are equal to or less than US$50,000; and
(iii) such breach is remedied by the Borrower within 10 days after the earlier of (i) notice of that breach being given by the Agent to the Borrower and (ii) the Borrower becoming aware of such breach.
Breach of Undertakings. Any Security Company or WGI breaches any one or more of its obligations (other than: (i) a payment obligation (which shall be an Event of Default under and in accordance with Clause 11.1(a) and (ii) in the case of WGI (USA) only, its obligations in respect of its ownership in the voting shares of the Borrower under Clause 8.2 (which shall be an Event of Default under and in accordance with Clause 11.1(j)(i)) under any Financing Document, or any condition attached to any waiver or consent given under any Financing Document is not fulfilled on the due date provided that a Trigger Event shall not occur under this Clause 10.1(a) in respect of a breach by the Borrower of any one or more of its obligations under Clause 8.3(l) or Clause 8.3(m) if, in either case,:
(i) such breach is capable of being remedied by the Borrower;
(ii) the amounts spent or to be spent by the Borrower to remedy such breach are equal to or less than US$50,000; and
(iii) such breach is remedied by the Borrower within 10 days after the earlier of (i) notice of that breach being given by the Agent to the Borrower and (ii) the Borrower becoming aware of such breach.
Breach of Undertakings. Except to the extent excused or delayed under Section 9.4 hereof, with respect to a particular Aircraft, Seller shall materially and substantially fail to perform or maintain any of its obligations hereunder and such failure is not cured within [ * ] Business Days of written notice to Seller.
Breach of Undertakings. The Issuer fails to perform or comply with any of the obligations expressed to be assumed by it in Article 9 (Undertakings) and where such non-performance or non-compliance is capable of remedy, has not been remedied within fifteen (15) Business Days of the earlier of notice to the Issuer of that breach by the Noteholder and the date on which the Issuer becomes aware of such breach.
