Breaches or Defaults Clause Samples
Breaches or Defaults. If LICENSEE at any time defaults (i) in the payment of any license fee, royalty or other payment, or (ii) in providing any report due under this Agreement, or (a) makes any knowingly false report, or (b) commits a material breach of any covenant or undertaking set forth herein, LICENSOR will have the right, in addition to all other remedies available, to terminate the license under this Agreement by giving LICENSEE sixty (60) days prior written notice of such termination, provided, however, that if LICENSEE will have rectified such default or breach within such sixty-day period, this Agreement will remain in effect and the rights and licenses herein granted will be in force as if no default or breach had occurred on the part of LICENSEE. Notwithstanding the foregoing, no cure period shall be afforded for breaches after two prior breaches of the same or similar nature have occurred.
Breaches or Defaults. Any liability or obligation arising out of any occurrence or circumstance (whether known or unknown) which occurs or exists prior to the Closing Date and which constitutes, or which by lapse of time or delivery of notice (or both) would constitute, a breach or default under any lease, contract or other instrument or agreement of the Company (whether written or oral).
Breaches or Defaults. The execution and delivery of this Agreement by Envirokare and Merger Sub and the performance their respective obligations hereunder, and the consummation of the Transactions, do not (a) conflict with or result in any breach of any provision of the Certificate of Incorporation or By-Laws of Envirokare or Merger Sub; (b) require any consent, approval, authorization or permit of, or filing with or notification to, any Governmental Authority, except the filing of the Certificate of Merger pursuant to the NYBCL (c) except as would not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect, conflict with or contravene any provisions or result in a breach or violation of, or constitute a default under, or result in (or create in any party the right to cause) the acceleration of any performance or any increase in any payment required by or the termination, suspension, modification or impairment of, or result in the loss, revocation, impairment, suspension or forfeiture of any rights of Envirokare or its Merger Sub under, (i) any Judgment or Law to which Envirokare or its Subsidiaries are subject or bound, or (ii) any mortgage, bond, indenture, agreement, contract, license or other instrument or obligations to which Envirokare or its Merger Sub is subject or bound; (d) result in the creation of any Lien on any of the assets of Envirokare or Merger Sub; or (e) result in the creation of any Lien on the shares of Envirokare Common Stock that constitute the Merger Consideration.
Breaches or Defaults. Any breaches or defaults resulting from (i) the failure to receive consent from the parties listed on Schedule 3.2(d), (ii) the terms and provisions of any of the limited liability company operating agreements or limited partnership agreements of the Student Housing Entities or (iii) the existing loans listed in the Registration Statement.
Breaches or Defaults. Any breaches or defaults resulting from noncompliance with the consent provisions listed on Schedule 3.2(d) with respect to the terms and provisions of any of the limited liability company operating agreements or the loans referenced in Schedule 3.1(k) which is hereby incorporated herein by reference or as a result of disclosures set forth in Exhibit B which is also hereby incorporated herein by reference. Breaches or defaults with respect to Actions being defended by the Student Housing Entities on behalf of the Student Housing Entities or the ▇▇▇▇▇▇ Entities.