Common use of Covenant Breaches Clause in Contracts

Covenant Breaches. The Borrower or any other Loan Party shall (i) fail to perform or observe any covenant contained in Sections 5.01, 5.02(a), 5.02(e), 5.03, 5.06, 5.09, 5.10, 5.11 and Article VI of this Agreement; provided that, if the IPO Closing Date has not occurred, any Event of Default under Sections 6.13 or 6.14, as applicable, may be cured pursuant to Section 7.07 or (ii) fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Document which is not covered by clause (i) above or any other provision of this Section 7.01 if such failure shall remain unremedied for 30 days after the earlier of (A) written notice of such default shall have been given to the Borrower by the Administrative Agent or any Lender or (B) any actual knowledge of such default by a Responsible Officer;

Covenant Breaches. The Borrower or any other Loan Party shall (i) fail to perform or observe any covenant contained in Sections 5.01, 5.02(a), 5.02(e), 5.03, 5.06, 5.09, 5.10, 5.11 and Article VI of this Agreement; provided that, if the IPO Closing Date has not occurred, any Event of Default under Sections 6.13 or – 6.14, as applicable, may be cured pursuant to Section 7.07 or (ii) fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Document which is not covered by clause (i) above or any other provision of this Section 7.01 if such failure shall remain unremedied for 30 days after the earlier of (A) written notice of such default shall have been given to the Borrower by the Administrative Agent or any Lender or (B) any actual knowledge of such default by a Responsible Officer;

Covenant Breaches. The Borrower or any other Loan Party shall (i) fail to perform or observe any covenant contained in Sections 5.01, 5.02(a), 5.02(e), 5.03, 5.06, 5.09, 5.10, 5.11 and Article VI of this Agreement; provided that, if the IPO Closing Date has not occurred, any Event of Default under Sections Section 6.13 or 6.14, as applicable, Section 6.14 may be cured pursuant to Section 7.07 or (ii) fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Document which is not covered by clause (i) above or any other provision of this Section 7.01 if such failure shall remain unremedied for 30 days after the earlier of (A) written notice of such default shall have been given to the Borrower by the Administrative Agent or any Lender or (B) any actual knowledge of such default by a Responsible Officer;

Covenant Breaches. The Borrower or any other Loan Party of its Subsidiaries shall (i) fail to perform or observe any covenant contained in Sections 5.01, 5.02(a2.04(b), 5.02(e5.02 (other than the provisions of Section 5.02 requiring the Borrower to deliver copies of policies or certificates, for which provisions a 30-day grace period shall apply), 5.03, 5.06, 5.09, 5.10, 5.11 and or 5.13 or in Article VI of this Agreement; provided that, if the IPO Closing Date has not occurred, any Event of Default under Sections 6.13 or 6.14, as applicable, may be cured pursuant to Section 7.07 Agreement or (ii) fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Credit Document which is not covered by clause (i) above or any other provision of this Section 7.01 if such failure shall remain unremedied for 30 thirty days after the earlier of (A) written notice of such default shall have been given to the Borrower by the Administrative Agent or any Lender Bank or (B) any a Responsible Officer's actual knowledge of such default by a Responsible Officerdefault;

Covenant Breaches. (i) The Borrower or any other Loan Party of its Subsidiaries shall (i) fail to perform or observe any covenant contained in Sections 5.01, 5.02(a2.04(b), 5.02(e5.02 (other than the provisions of Section 5.02 requiring the Borrower to deliver copies of policies or certificates, for which provisions a 30-day grace period shall apply), 5.03, 5.06, 5.09, 5.10, 5.11 and or 5.13 or in Article VI of this Agreement; provided that, if the IPO Closing Date has not occurred, any Event of Default under Sections 6.13 or 6.14, as applicable, may be cured pursuant to Section 7.07 Agreement or (ii) the Borrower or any of its Subsidiaries or any other Guarantor fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Credit Document which is not covered by clause (i) above or any other provision of this Section 7.01 if such failure shall remain unremedied for 30 thirty days after the earlier of (A) written notice of such default shall have been given to the Borrower by the Administrative Agent or any Lender Bank or (B) any a Responsible Officer’s actual knowledge of such default by a Responsible Officerdefault;

Covenant Breaches. The Borrower or any of its Restricted Subsidiaries or any other Loan Party Guarantor shall (i) fail to perform or observe any term or covenant contained set forth in Sections 5.01, 5.02(aSection 5.03 (with respect to the existence of the Borrower or any Restricted Subsidiary), 5.02(e), 5.03, 5.06, 5.09, 5.10, 5.11 and or Article VI of this Agreement; Agreement and such failure shall remain unremedied for a period of thirty days after the Borrower has been provided that, if the IPO Closing Date has not occurred, any Event written notice of Default under Sections 6.13 or 6.14, as applicable, may be cured pursuant to Section 7.07 such failure or (ii) fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Document which that is not covered by clause (i) above or any other provision of this Section 7.01 if and such failure shall remain unremedied for 30 a period of sixty days after the earlier of (A) Borrower has been provided written notice of such default shall have been given to the Borrower by from the Administrative Agent or any Lender or (B) any actual knowledge of such default by a Responsible Officerfailure;

Covenant Breaches. The Borrower or any other Loan Party Any of the Borrowers shall (i) fail to perform or observe any covenant contained in Sections 5.01, 5.02(a5.05(a), 5.02(e), 5.03, 5.06, 5.09, 5.10, 5.11 5.08 and Article VI (other than Section 6.01) of this Agreement; provided that, (ii) fail to perform or observe the covenant contained in Section 5.05(n) if such failure shall remain unremedied for 30 days after written notice of such default shall have been given to any of the IPO Closing Date has not occurredBorrowers by the Agent or any Bank, any Event of Default under Sections 6.13 or 6.14, as applicable, may be cured pursuant to Section 7.07 or (iiiii) fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Credit Document which is not covered by clause clauses (i) or (ii) above or any other provision of this Section 7.01 if such failure shall remain unremedied for 30 days 10 Business Days after the earlier of (A) written notice of such default shall have been given to any of the Borrower Borrowers by the Administrative Agent or any Lender or (B) any actual knowledge of such default by a Responsible OfficerBank;

Covenant Breaches. The Borrower or any other Loan Party shall (i) The Borrower shall fail to perform or observe any covenant contained in Sections 5.015.03 or 5.04, 5.02(aor Section 5.06(e), 5.02(e(f), 5.03(g), 5.06or (h), 5.09, 5.10, 5.11 and or Article VI of this Agreement; provided that, if Agreement or the IPO Closing Date has not occurred, Borrower shall fail to perform or observe or shall fail to cause any Event Subsidiary or Guarantor to perform or observe its covenant in Section 5.4 of Default under Sections 6.13 or 6.14, as applicable, may be cured pursuant to Section 7.07 the Security Agreements or (ii) the Borrower or any Guarantor shall fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Credit Document which is not covered by clause (i) above or any other provision of this Section 7.01 if such failure shall remain unremedied for 30 days after the earlier of (A) the date written notice of such default shall have been given to the Borrower or such Guarantor by the Administrative Agent or any Lender Bank or (B) the date a Responsible Officer of the Borrower or any Guarantor has actual knowledge of such default by a Responsible Officerdefault;

Covenant Breaches. The Borrower or any other Loan Party shall (i) The Borrower shall fail to perform or observe any covenant contained in Sections 5.01Section 5.2, 5.02(a5.3, 5.5, 5.6 (except for clauses (i) and (j) thereof), 5.02(e), 5.03, 5.06, 5.09, 5.10, 5.11 and 5.8 or 5.13 or Article VI of this Agreement; provided that, if the IPO Closing Date has not occurred, any Event of Default under Sections 6.13 or 6.14, as applicable, may be cured pursuant to Section 7.07 or , (ii) any Guarantor shall fail to perform or observe any covenant contained in its Guaranty, or (iii) any Credit Party shall fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Credit Document which is not covered by clause (i) above or (ii) above, or any other provision of this Section 7.01 7.1, if such failure shall remain unremedied for 30 days after the earlier of (A) written notice of such default shall have been given to the Borrower such Person by the Administrative Agent or any Lender Bank or (B) any such Person’s actual knowledge of such default by a Responsible Officerdefault;

Covenant Breaches. The Borrower or any other Loan Party shall (i) The Borrower shall fail to perform or observe any covenant contained in Sections 5.01Section 5.2, 5.02(a5.3, 5.5, 5.6 (except for clauses (h), 5.02(e(i) and (l) thereof), 5.03or 5.9, 5.06, 5.09, 5.10, 5.11 and or Article VI of this Agreement; provided that, if the IPO Closing Date has not occurred, any Event of Default under Sections 6.13 or 6.14, as applicable, may be cured pursuant to Section 7.07 or , (ii) any Guarantor shall fail to perform or observe any covenant contained in its Guaranty, or (iii) any Credit Party shall fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Credit Document which is not covered by clause (i) above or (ii) above, or any other provision of this Section 7.01 7.1, if such failure shall remain unremedied for 30 days after the earlier of (A) written notice of such default shall have been given to the Borrower such Person by the Administrative Agent or any Lender Bank or (B) any such Person’s actual knowledge of such default by a Responsible Officerdefault;