Certain Defaults. If Borrower (i) fails to provide the financial statements called for by Section 6.2 hereof or by any other provisions of this Agreement, within the time therein provided; or (ii) Borrower breaches any of the financial covenants set forth in Section 6.7 of this Agreement; or (iii) fails to perform or comply with any other term, condition or covenant in any other agreement between Borrower and Bank which is not cured within any cure period provided in such agreement.
Certain Defaults. In the event a default by the Tenant occurs in the performance or observance of any non-monetary term, covenant, condition or agreement on the Tenant’s part to be performed under this Lease which cannot practicably be cured by the Permitted Leasehold Mortgagee without taking possession of the Premises, or if such non-monetary default is of such a nature that the same is not susceptible of being cured by the Permitted Leasehold Mortgagee because it is personal to Tenant, then Landlord shall not serve a notice of election to terminate this Lease or Tenant’s right of possession pursuant to the terms hereof, or otherwise terminate the leasehold estate or any other estate, right, title or interest of the Tenant hereunder by reason of such default without allowing the Permitted Leasehold Mortgagee reasonable time (not to exceed one hundred eighty (180) calendar days from the date on which notice is received by the Permitted Leasehold Mortgagee) within which:
a) In the case of a default which cannot practically be cured by the Permitted Leasehold Mortgagee without taking possession of the Premises, to obtain possession of the Premises as mortgagee (through the appointment of a receiver or otherwise), and, upon obtaining possession, to commence promptly and diligently prosecute to completion such action as may be necessary to cure such default; and
b) In the case of a default which cannot be cured by the Permitted Leasehold Mortgagee because it is personal to Tenant, to commence promptly and diligently prosecute to completion foreclosure proceedings or to acquire the Tenant’s estate hereunder, either in its own name or through a nominee, by assignment in lieu of foreclosure.
Certain Defaults. 18 3.15 INSURANCE................................................. 18 3.16
Certain Defaults. Except as set forth in Schedule 3.14 hereto, ------------- neither Safety Fund nor any Safety Fund Subsidiary, nor, to the knowledge of Safety Fund, any other party thereto, is in default in any material respect under any material lease, contract, mortgage, promissory note, deed of trust, loan or other commitment or arrangement pursuant to which Safety Fund or any Safety Fund Subsidiary has borrowed funds or is otherwise the obligor, which default would have a Material Adverse Effect on Safety Fund and the Safety Fund Subsidiaries, taken as a whole.
Certain Defaults. Notwithstanding anything to the contrary contained in Section 6.1(f), no Event of Default shall occur under 6.1(f) with respect to any Investor so long as (i) such Event of Default does not, in the reasonable judgment of the Required Lenders, threaten to interrupt the Lenders' timely receipt of all amounts due under this Agreement and each of the other Operative Agreements whether pursuant to the Assignment of Lease or otherwise and (ii) no other Event of Default has occurred and is continuing.
Certain Defaults. In the event that either Party (a “Defaulting Party”) fails to comply in any material respect with any of its obligations under this Agreement and such failure is not remedied or cured within 30 days after receipt of a notice of such failure from the non-defaulting Party (or if such failure cannot be cured within such 30-day period but the Defaulting Party is in good faith pursuing curative efforts, then within 90 days of receipt of notice of such failure), then (i) the non-defaulting Party may provide written notice of such default (a “Default Notice”) to the Defaulting Party and (ii) in addition to (A) the remedies available to the non-defaulting Party under any Associated Agreements and (B) any and all other rights and remedies under this Agreement or at Law or in equity, the non-defaulting Party shall be entitled to exercise, in its sole discretion, any one or more of the following remedies during the period of time beginning on the date of default until the date upon which the default has been fully cured (the “Default Period”):
(a) If the Defaulting Party is ZaZa and the default relates to any provision other than Section 2.6, Quantum shall have a right to exercise the Put Right in accordance with Section 2.6;
(b) the non-defaulting Party may terminate this Agreement by delivering written notice of termination to the Defaulting Party, which termination will be effective 30 days after receipt of such notice of termination; and
(c) the non-defaulting Party shall be entitled to seek specific performance of the Defaulting Party’s obligations under this Agreement or any Associated Agreement.
Certain Defaults. Nothing herein contained shall require any Leasehold Mortgagee or its designee as a condition to its exercise of rights hereunder to cure any Event of Default which by its terms is not reasonably susceptible of being cured by such Leasehold Mortgagee or such designee in order to comply with the provisions of Sections 14.6 or 14.7. The financial condition of any Leasehold Mortgagee or successor to Xxxxxx’s interest under this Lease or a new lease entered into pursuant to Section 14.8 shall not be a consideration in the determination of the reasonable susceptibility of cure of such Event of Default. No Event of Default, the cure of which, and no obligation of Tenant, the performance of which, requires possession of the Premises shall be deemed reasonably susceptible of cure or performance by any Leasehold Mortgagee or successor to Xxxxxx’s interest under this Lease not in possession of the Premises, provided such holder is complying with the requirements described in Section 14.7(a)(ii) hereof and, upon obtaining possession, promptly proceeds to cure any such Event of Default then reasonably susceptible of cure by such Leasehold Mortgagee or successor. No Leasehold Mortgagee shall be required to cure the bankruptcy, insolvency or any related or similar condition of Tenant.
Certain Defaults. From and after (i) a Maturity Default with respect to Highland, KEYS C, KEYS D or KEYS E, respectively, or (ii) the occurrence of any JPM8 Event of Default (the loan subject to any such Maturity Default or JPM8 Event of Default, a “Defaulted Loan”), the Company shall pay the Advisor a monthly fee equal to the quotient obtained by dividing (A) TTM Portfolio Company Net Earnings of the Hotel Portfolio Assets of such Defaulted Loan by (B) twelve (12) (the “Portfolio Company Fee”), except to the extent Portfolio Company Net Earnings continue to be paid under a Portfolio Company Agreement with respect to any such month from and after the occurrence of the Defaulted Loan.
Certain Defaults. Except as specified in Schedule 4.1.28, none of Borrower, either Guarantor, any Pledgor or any of their respective Affiliates is in default under any loan agreement, mortgage or other instrument or agreement relating, directly or indirectly, to any of the Collateral Entity Properties.
Certain Defaults. Pursuant to the request of the Company and the provisions of paragraph 11C of the Note Agreement, and subject to the terms and conditions of this letter agreement, the Purchasers hereby waive the Company’s breach of paragraph 5K of the Note Agreement caused by the Company failure to timely deliver a Most Favored Lender Notice to the holders of Notes relating to the modification of the Company’s tangible net worth covenant under the Bank Credit Agreement, effected by the first amendment thereto dated as of June 27, 2008.
