Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, or (b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence thereof; provided that if the default cannot by its nature be cured within the ten day period or cannot after diligent attempts by Borrower be cured within such 10 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans will be required to be made during such cure period);
Appears in 4 contracts
Samples: Annual Report, Annual Report, Loan and Security Agreement (Harmonic Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.10 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 4 contracts
Samples: Loan and Security Agreement (Qualmark Corp), Loan and Security Agreement (Visioneer Inc), Loan and Security Agreement (Sequus Pharmaceuticals Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 Article 6 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten day period or cannot after diligent attempts by Borrower be cured within such 10 ten day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period)made;
Appears in 4 contracts
Samples: Loan and Security Agreement (Vastera Inc), Loan and Security Agreement (Us Search Corp Com), Loan and Security Agreement (Evolve Software Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.10 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 3 contracts
Samples: Loan and Security Agreement (E Loan Inc), Loan and Security Agreement (Concord Communications Inc), Loan and Security Agreement (Art Technology Group Inc)
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under in Sections 6.36.2, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, or 6.12, 6.13 or 6.14 or violates any of the covenants contained covenant in Article 7 of this Agreement, Section 7; or
(b) If Borrower Borrower, or any of Borrower’s Subsidiaries, fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period);
Appears in 3 contracts
Samples: Loan and Security Agreement (Vitae Pharmaceuticals, Inc), Loan and Security Agreement (Vitae Pharmaceuticals, Inc), Loan and Security Agreement (Vitae Pharmaceuticals, Inc)
Covenant Default. (a) If a Borrower fails to perform any obligation under Sections 6.36.2, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.7 or 6.14 6.10 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If a Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between a Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten 15 days after the occurrence a Borrower receives notice thereof or any officer of a Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten 15 day period or cannot after diligent attempts by Borrower Borrowers be cured within such 10 15 day period, and such default is likely to be cured within a reasonable time, then Borrower Borrowers shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period)made;
Appears in 3 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Trupanion Inc.), Loan and Security Agreement (Trupanion Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.12 or 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Vista Information Solutions Inc), Loan and Security Agreement (Safeguard Health Enterprises Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.8 or 6.14 6.9 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Bluestone Software Inc), Loan and Security Agreement (Astea International Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.9 or 6.14 6.10 or violates any of the covenants contained in Article 7 of this Agreement, Agreement or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided thereof provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Maker Communications Inc), Loan and Security Agreement (Maker Communications Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 Article 6 (other than Section 6.1 and 6.2) or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this AgreementAgreement (including Section 6.1 and 6.2), in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten day period or cannot after diligent attempts by Borrower be cured within such 10 ten day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period);made.
Appears in 2 contracts
Samples: Loan and Security Agreement (Five9, Inc.), Loan and Security Agreement (Five9, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation ---------------- under Sections 6.3, 6.6, Section 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.10 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten thirty (30) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten thirty (30) day period or cannot after diligent attempts by Borrower be cured within such 10 thirty (30) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advance will be required to be made during such cure period);"
14. The following new Sections 9.2(f), 9.2(g) and 9.2
Appears in 2 contracts
Samples: Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc)
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under in Sections 6.36.2, 6.4, 6.5, 6.6, 6.7, 6.8, 6.96.9(c), 6.10, 6.11, 6.126.13, 6.13 6.14, or 6.14 6.15 or violates any of the covenants contained covenant in Article 7 of this Agreement, Section 7; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period). Cure periods provided under this section shall not apply, among other things, to financial covenants or any other covenants set forth in Section 8.2(a) above;
Appears in 2 contracts
Samples: Loan and Security Agreement (Moneylion Inc.), Loan and Security Agreement (Fusion Acquisition Corp.)
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under in Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.116.10(c), 6.12, 6.13 6.13, or 6.14 6.14, or violates any of the covenants contained covenant in Article 7 of this Agreement, Section 7; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period). Cure periods provided under this section shall not apply, among other things, to financial covenants or any other covenants set forth in clause (a) above;
Appears in 2 contracts
Samples: Loan and Security Agreement (Lantronix Inc), Mezzanine Loan and Security Agreement (Lantronix Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections SECTIONS 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.7 or 6.14 6.8 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Lender and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 2 contracts
Samples: Subordination Agreement (Intervisual Books Inc /Ca), Subordination Agreement (Zindart LTD)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.10 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Natural Microsystems Corp), Loan and Security Agreement (Natural Microsystems Corp)
Covenant Default. (a) If a Borrower fails to perform any obligation under Sections 6.3Article 6 (other than Section 6.1, 6.66.2, 6.76.4, 6.86.10(a), 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.10(b)) or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If a Borrower fails or neglects to perform, keep, perform or observe any obligation under Section 6.1, 6.2, 6.4, 6.10(a) or 6.10(b) or any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between a Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence a Borrower receives notice thereof or any officer of a Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten day period or cannot after diligent attempts by Borrower Borrowers be cured within such 10 ten day period, and such default is likely to be cured within a reasonable time, then Borrower Borrowers shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period);made.
Appears in 2 contracts
Samples: Loan and Security Agreement (Identiv, Inc.), Loan and Security Agreement (Identiv, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Ag Associates Inc), Loan and Security Agreement (Seeq Technology Inc)
Covenant Default. (a) If Borrower fails to perform any obligation ---------------- under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Somnus Medical Technologies Inc), Loan and Security Agreement (Curon Medical Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3Section 6.2, 6.66.4, 6.76.5, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.6 and 6.7 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period)made;
Appears in 2 contracts
Samples: Loan and Security Agreement (Vocera Communications, Inc.), Loan and Security Agreement (Vocera Communications, Inc.)
Covenant Default. (a) If Other than a default described in Section 8.1, Borrower fails to perform or satisfy any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 Section 6 or violates any of the covenants contained in Article covenant under Section 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, perform or observe or otherwise defaults under any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in any of the other Loan Documents, or in any other present or future instrument, document, agreement and other record between Borrower and Bank or from Borrower to Bank or for the benefit of Bank, whether monetary or non-monetary, and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten five (5) days after the occurrence Borrower receives notice thereof; provided provided, however, that if the default is non-monetary and cannot by its nature be cured within the ten five (5) day period or cannot after diligent attempts by Borrower be cured within such 10 five (5) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 twenty (20) days) to attempt to cure such non-monetary default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans will Bank shall not be required to be made make any Credit Extensions during such cure period);.
Appears in 2 contracts
Samples: Loan and Security Agreement (Computer Software Innovations Inc), Loan and Security Agreement (Computer Software Innovations Inc)
Covenant Default. (a) If Borrower fails Borrowers fail or neglect to perform any obligation under in Sections 6.36.2, 6.66.5, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.12 or 6.14 or violates violate any of the covenants contained covenant in Article 7 of this Agreement, Section 7; or
(b) If Borrower fails Borrowers fail or neglects neglect to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has have failed to cure such the default within ten 10 days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten 10 day period or cannot after diligent attempts by Borrower Borrowers be cured within such 10 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which additional period shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period). Grace periods provided under this section shall not apply to any covenants set forth in subsection (a) above;
Appears in 2 contracts
Samples: Loan and Security Agreement (Sciclone Pharmaceuticals Inc), Loan and Security Agreement (Sciclone Pharmaceuticals Inc)
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 in Clause 6 or 6.14 or violates breaches any of the covenants contained covenant in Article 7 of this Agreement, Clause 7; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has had failed to cure such the default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period period, the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period);. Cure periods provided under this Clause 8.2 shall not apply, among other things, to financial covenants or any other covenants set forth in sub-clause (a) above.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Mimecast LTD)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.36.2, 6.66.4, 6.76.5, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.6 or 6.14 6.7 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period)made;
Appears in 2 contracts
Samples: Loan and Security Agreement (Artes Medical Inc), Loan and Security Agreement (Auriga Laboratories, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections Section 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.10 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence thereof; provided that if the default cannot by its nature be cured within the ten day period or cannot after diligent attempts by Borrower be cured within such 10 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (General Magic Inc), Loan and Security Agreement (General Magic Inc)
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under in Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.116.10(b), 6.12, 6.13 6.13, or 6.14 6.14, or violates any of the covenants contained covenant in Article 7 of this Agreement, Section 7; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period). Cure periods provided under this section shall not apply, among other things, to financial covenants or any other covenants set forth in clause (a) above;
Appears in 2 contracts
Samples: Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.36.2, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.8 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, so long as Borrower continues to diligently attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period)made;
Appears in 2 contracts
Samples: Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.36.2 (financial reporting), 6.66.4 (taxes), 6.76.5 (insurance), 6.86.6 (primary accounts) or 6.7 (financial covenants), 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten 15 days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten 15 day period or cannot after diligent attempts by Borrower be cured within such 10 15 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed an additional 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period);made.
Appears in 2 contracts
Samples: Loan and Security Agreement (Casper Sleep Inc.), Loan and Security Agreement (Casper Sleep Inc.)
Covenant Default. (a) If Borrower (i) fails to perform any obligation under Sections 6.36.2 (financial reporting), 6.66.4 (taxes), 6.76.5 (insurance), 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.6 (primary accounts) or (ii) violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period)made;
Appears in 2 contracts
Samples: Loan and Security Agreement (Adicet Bio, Inc.), Loan and Security Agreement (resTORbio, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.13, 6.14 or 6.14 6.15 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material termterms, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Vista Medical Technologies Inc), Loan and Security Agreement (Vista Medical Technologies Inc)
Covenant Default. (a) If A Co-Borrower fails or neglects to perform any obligation under in Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.13, 6.14, 6.15, 6.16 or 6.14 6.17 or violates any of the covenants contained covenant in Article 7 of this Agreement, Section 7; or
(b) If A Co-Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by such Co-Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then such Co-Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period). Cure periods provided under this Section 8 shall not apply, among other things, to financial covenants or any other covenants set forth in clause (a) above;
Appears in 2 contracts
Samples: Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Upstart Holdings, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Innerdyne Inc), Loan and Security Agreement (Integrated Sensor Solutions Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.1, 6.2, 6.3, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.9 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten day period or cannot after diligent attempts by Borrower be cured within such 10 ten day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period);made.
Appears in 2 contracts
Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.10 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any obligation under Article 6 (other than Section 6.3, 6.5, 6.6, 6.7, 6.8, and 6.10, which are addressed in clause (a) above) or any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank (other than any such failure which is addressed in clause (a) above) and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period);made.
Appears in 2 contracts
Samples: Loan and Security Agreement (Inari Medical, Inc.), Loan and Security Agreement (Inari Medical, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, Section 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.10 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advance will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Cygnus Inc /De/), Loan and Security Agreement (Cardiac Pathways Corp)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.8 or 6.14 6.9 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails falls or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided thereof provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such 17 reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.8 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten tell (10) days after the occurrence thereof; provided PROVIDED, HOWEVER, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.11 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and a Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, default and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.7 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.10 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Nuko Information Systems Inc /Ca/)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 Section 6.7 or violates any of the covenants contained in Article 7 Sections 7.5, 7.6 or 7.7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the other Loan DocumentsDocument, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten fifteen (15) days after a Responsible Officer is aware of the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten fifteen (15) day period or cannot after diligent attempts by Borrower be cured within such 10 fifteen (15) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period);.
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten 20 days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten 20 day period or cannot after diligent attempts by Borrower be cured within such 10 20 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten ten(10) days after the occurrence Borrower receives notice thereof or any Responsible Officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.126.13, 6.13 6.14, 6.15, 6.16, 6.17, or 6.14 6.18 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, keep or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in any of the Loan Documents, Documents or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans will be required to be made during such cure period)Default;
Appears in 1 contract
Samples: Loan and Security Agreement (Safeguard Health Enterprises Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under ---------------- Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.11 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any Responsible Officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails falls to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6. 10 or 6.14 6. 11 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If either Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.11 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If either Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between such Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by such Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then such Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under in Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.13, 6.14, or 6.14 6.15 or violates any of the covenants contained covenant in Article 7 of this Agreement, or
Section 7; or (b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten days (10) Business Days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten day (10) Business Day period or cannot after diligent attempts by Borrower be cured within such 10 day ten (10) Business Day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period). Cure periods provided under this section shall not apply, among other things, to financial covenants or any other covenants set forth in clause (a) above;
Appears in 1 contract
Covenant Default. (a) If a Borrower fails to perform any obligation under Sections 6.36.2, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.7 or 6.14 6.9 or violates any of the covenants contained in Article Section 7 of this Agreement, : or
(b) If a Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between a Borrower and Bank Lender and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten 15 days after the occurrence a Borrower receives notice thereof or any officer of a Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten 15 day period or cannot after diligent attempts by Borrower Borrowers be cured within such 10 15 day period, and such default is likely to be cured within a reasonable time, then Borrower Borrowers shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period);made:
Appears in 1 contract
Samples: Credit Agreement (Trupanion Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.11 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.11 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty-five (35) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Electronic Designs Inc)
Covenant Default. (a) If Borrower the Company fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 Section 6.8 or 6.14 or either Borrower violates any of the covenants contained in Article Section 7 of this Agreement, or
(b) If either Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, Agreement or in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Documents and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten days (10) Business Days after the occurrence thereofearlier to occur of (y) the Company’s knowledge of such default and (z) the Bank’s written notice to the Company of such default; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by the applicable Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under in Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.116.10(b), 6.12, 6.13 6.14, 6.15, or 6.14 6.16 or violates any of the covenants contained covenant in Article 7 of this Agreement, Section 7; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period). Cure periods provided under this section shall not apply, among other things, to financial covenants or any other covenants set forth in clause (a) above;
Appears in 1 contract
Covenant Default. (a) If a Borrower fails to perform any obligation under Sections 6.36.1, 6.66.2, 6.5, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.8,or 6.9 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If a Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between such Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten thirty (30) days after the occurrence either Borrower receives notice thereof or any Responsible Officer of such Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten thirty (30) day period or cannot after diligent attempts by such Borrower be cured within such 10 thirty (30) day period, and such default is likely to be cured within a reasonable time, then such Borrower shall have an additional reasonable period (which shall not in any case exceed 30 sixty (60) days) to attempt to cure such default, so long as such Borrower continues to diligently attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period)made;
Appears in 1 contract
Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.11 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Copper Mountain Networks Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.10 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence thereof; provided that if the default cannot by its nature be cured within the ten day period or cannot after diligent attempts by Borrower be cured within such 10 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Senior Subordinated Loan and Security Agreement (Ross Technology Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, or 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Maxim Pharmaceuticals Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, or 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Maxim Pharmaceuticals Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.9 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, provision condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present person or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition covenant or agreement that can be cured, has failed to cure such default within ten thirty (30) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten thirty (30) day period or cannot after diligent attempts by Borrower be cured within such 10 thirty (30) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Equipment Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under in Sections 3.3(b), 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.14, or violates any of the covenants contained covenant in Article 7 of this Agreement, Section 7; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten days (10) Business Days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten day (10) Business Day period or cannot after diligent attempts by Borrower be cured within such 10 day ten (10) Business Day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period). Cure periods provided under this section shall not apply, among other things, to financial covenants or any other covenants set forth in clause (a) above;
Appears in 1 contract
Covenant Default. (a) If any Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.11 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If any Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between any Borrower (or both of them) and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten twenty (20) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten twenty (20) day period or cannot after diligent attempts by such Borrower be cured within such 10 twenty (20) day period, and such default is likely to be cured within a reasonable time, then such Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (SQL Financials International Inc /De)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.10 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If or if Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If a Borrower fails to perform any obligation under Sections 6.3Article 6 (other than Section 6.2, 6.66.4, 6.76.5, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.10(a) or 6.14 6.10(b)) or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If a Borrower fails or neglects to perform, keep, perform or observe any obligation under Section 6.2, 6.4, 6.5, 6.10(a) or 6.10(b) or any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between such Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten twenty days after the occurrence such Borrower receives notice thereof or any officer of such Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten twenty day period or cannot after diligent attempts by such Borrower be cured within such 10 twenty day period, and such default is likely to be cured within a reasonable time, then such Borrower shall have an additional reasonable period (which shall not in any case exceed 30 an aggregate of 40 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period);made.
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 Article 6 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten day period or cannot after diligent attempts by Borrower be cured within such 10 ten day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 daysdays ) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period)made;
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.11 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6. 11 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence after, Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided , provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of of' Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 Article 6 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.363, 6.66.5, 6.766, 6.867, 6.968, 69, or 6.10, 6.11, 6.12, 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (C-Bridge Internet Solutions Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.13, or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this the Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 day ten (10) days period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If a Borrower fails to perform any obligation under Sections 6.36.2, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.9 or 6.14 6.11 or violates any of the covenants contained in Article Section 7 of this Agreement, ; or
(b) If a Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between a Borrower and Bank Lender and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten 15 days after the occurrence a Borrower receives notice thereof or any officer of a Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten 15 day period or cannot after diligent attempts by Borrower Borrowers be cured within such 10 15 day period, and such default is likely to be cured within a reasonable time, then Borrower Borrowers shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans will be required to be made during such cure period)Default;
Appears in 1 contract
Samples: Credit Agreement (Trupanion Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation ---------------- under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.11 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Quicklogic Corporation)
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under in Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.12 or 6.14 6.15 or violates any of the covenants contained covenant in Article 7 of this Agreement, orSection 7; or 224419751 v2
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period). Cure periods provided under this section shall not apply, among other things, to financial covenants or any other covenants set forth in clause (a) above;
Appears in 1 contract
Samples: Loan and Security Agreement (Verrica Pharmaceuticals Inc.)
Covenant Default. (a1) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b2) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 Section 6.1 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, Agreement or in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Documents and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten 10 days after the occurrence thereof; written notice from Bank, provided that if the default cannot by its nature be cured within the ten 10 day -------- period or cannot after diligent attempts by Borrower be cured within such 10 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Loan will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, or 6.10, 6.11, 6.12, 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence Borrower receives written notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten day period or cannot after diligent attempts by Borrower be cured within such 10 ten day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during until such cure period);is effected. {1231766:}
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.7 or violates any of the covenants contained in Article 7 of this Agreement, and such default is not cured within ten days after receipt by Borrower of notice of such default, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, Agreement or in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Documents and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence thereofreceipt by Borrower of notice of such default; provided that if the default cannot by its nature be cured within the ten day period or cannot after diligent attempts by Borrower be cured within such 10 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.9 or 6.14 6.10 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Manhattan Associates Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.11 or 6.14 6.12 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any Responsible Officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.10 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be b6 cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Sagent Technology Inc)
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under in Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.14, 6.15, or 6.14 6.16 or violates any of the covenants contained covenant in Article 7 of this Agreement, Section 7; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period). Cure periods provided under this section shall not apply, among other things, to financial covenants or any other covenants set forth in clause (a) above;
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3Article 6 (other than Section 6.2, 6.66.4, 6.76.5, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.10(a)) or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any obligation under Section 6.2, 6.4, 6.5, 6.10(a)) or any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten day period or cannot after diligent attempts by Borrower be cured within such 10 ten day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period);made.
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 Section 6.7 or violates any of the covenants contained in Article Section 7 of this AgreementAgreement other than Sections 7.5, 7.6 or 7.7, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the other Loan DocumentsDocument, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten fifteen (15) days after a Responsible Officer is aware of the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten fifteen (15) day period or cannot after diligent attempts by Borrower be cured within such 10 fifteen (15) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period);.
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3Section 6.2, 6.66.4, 6.76.5, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.6 or 6.14 6.7 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any failure to perform, violation or default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten 15 days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten 15 day period or cannot after diligent attempts by Borrower be cured within such 10 15 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period)made;
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.11 or 6.12, 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, Section 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.10 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advance will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.12 or 6.14 6.l3 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided , provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured additional reasonable period (which shall not incurred within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in a any case exceed 30 thirty (30) days) to attempt to cure such default,, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);; If there occurs a material adverse change in Borrower's.
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.10 or violates any of the covenants contained in Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can 19 -19- be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided , provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.9 or 6.14 6. 1 0 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Pacific Biometrics Inc)
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under in Sections 6.32.2, 2.6, 3.8, 6.2, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.106.10(b) or 6.10(c), 6.11, 6.12, 6.13 or 6.14 or violates any of the covenants contained covenant in Article 7 of this Agreement, Section 7; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Loans will be required to Credit Extensions shall be made during such cure period). Cure periods provided under this section shall not apply to financial covenants or any other covenants set forth in clause (a) above;
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.12 or 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, Agreement and such failure is not cured within thirty (30) days with respect to Borrower's obligations under Section 6.7 and 6.13; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten twenty (20) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten twenty (20) day period or cannot after diligent attempts by Borrower be cured within such 10 twenty (20) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);; 8
Appears in 1 contract
Samples: Loan and Security Agreement (Seachange International Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.126.12 or 6.13, 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 Article 6 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten ten-day period or cannot after diligent attempts by Borrower be cured within such 10 ten-day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that Default, but no Loans Credit Extensions will be required to be made during such cure period)made;
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.8 or 6.14 6.9 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.8 or 6.14 6.9 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided , provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower or any Subsidiary fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.8 or 6.14 6.9 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or any Subsidiary fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower or any Subsidiary and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has as failed to cure such each default within ten (10) days after the occurrence Bank's giving of notice thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans will be required to be made during such cure period)Default;
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 6.10 or 6.14 6.11 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 or 6.14 6.8 and 6.9 or violates any of the covenants contained in Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such 10 ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Loans Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan Agreement (Tripath Imaging Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Article 6 (other than any obligation under Sections 6.36.2(a), 6.6(b), 6.7(c), 6.8(f), 6.9(g) or (h), 6.10, 6.11, 6.12, 6.13 6.6 or 6.14 6.7 as to which the cure period shall be fifteen (15) days) or violates any of the covenants contained in Article 7 of this Agreement, Agreement and such failure or violation shall continue for a period of at least thirty (30) days after written notice thereof by Bank; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Loan Document, and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten thirty (30) days after the occurrence thereofBorrower receives written notice thereof by Bank; provided provided, however, that if the default cannot by its nature be cured within the ten thirty (30) day period or cannot after diligent attempts by Borrower be cured within such 10 thirty (30) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed 30 thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Loans Credit Extensions will be required to be made during such cure period)made;
Appears in 1 contract
Samples: Loan and Security Agreement (Orasure Technologies Inc)
