Covenant Defaults. If Borrower shall fail to perform or observe any covenant, agreement or warranty contained in this Agreement or in any of the Loan Documents, (other than with respect to: (i) the failure to make timely payments in respect of the Loan as provided in Section 8.1(a); (ii) the failure to deliver payments made under the Pledged Notes Receivable directly to Agent as required pursuant to Section 2.4 above as provided in Section 8.1(h); or (iii) violation of (x) the financial covenants in Section 7.1(cc) or (y) any negative covenants in Section 7.2) and, such failure shall continue for fifteen (15) days after notice of such failure is provided by Agent, provided however, that if Borrower commences to cure such failure within such 15 day period, but, because of the nature of such failure, cure cannot be completed within 15 days notwithstanding diligent effort to do so, then, provided Borrower diligently seeks to complete such cure, an Event of Default shall not result unless such failure continues for a total of thirty (30) days.
Appears in 2 contracts
Samples: Loan, Security and Agency Agreement (Silverleaf Resorts Inc), Security and Agency Agreement (Silverleaf Resorts Inc)
Covenant Defaults. If either Borrower shall fail to perform or observe any covenant, agreement or warranty contained in this Agreement or in any of the Loan Documents, (other than with respect to: (i) the failure to make timely payments in respect of the Loan as provided in Section 8.1(a); (ii) the failure to deliver payments made under the Pledged Notes Receivable directly to Agent TFC as required pursuant to Section 2.4 above as provided in Section 8.1(h)2.8(a) above; or (iii) violation of (x) the financial covenants in Section 7.1(cc7.1(y) or (y) any negative covenants in Section 7.2) and, such failure shall continue for fifteen thirty (1530) days after notice of such failure is provided by AgentTFC, provided however, that if Borrower commences to cure such failure within such 15 30 day period, but, because of the nature of such failure, cure cannot be completed within 15 30 days notwithstanding diligent effort to do so, then, provided Borrower diligently seeks to complete such cure, an Event of Default shall not result unless such failure continues for a total of thirty sixty (3060) daysdays thereafter.
Appears in 1 contract
Covenant Defaults. If Borrower shall fail to perform or observe any covenant, agreement or warranty contained in this Agreement or in any of the Loan Documents, (other than with respect to: (i) the failure to make timely payments in respect of the Loan as provided in Section 8.1(a); (ii) the failure to deliver payments made under the Pledged Notes Receivable directly to Agent as required pursuant to Section 2.4 above as provided in Section 8.1(h); or (iii) violation of of: (xy) the financial covenants in Section 7.1(cc) 7.1(x); or (yz) any negative covenants in Section 7.2) and, such failure shall continue for fifteen (15) days after notice of such failure is provided by Agent, provided however, that if Borrower commences to cure such failure within such 15 day period, but, because of the nature of such failure, cure cannot be completed within 15 days notwithstanding diligent effort to do so, then, provided Borrower diligently seeks to complete such cure, an Event of Default shall not result unless such failure continues for a total of thirty (30) days.
Appears in 1 contract
Samples: Loan, Security and Agency Agreement (Silverleaf Resorts Inc)
Covenant Defaults. If Borrower shall fail to perform or observe any covenant, agreement or warranty contained in this Agreement or in any of the Loan Documents, (other than with respect to: (i) the failure to make timely payments in respect of the Loan as provided in Section 8.1(a); (ii) the failure to deliver payments made under the Pledged Notes Receivable directly to Agent Lender as required pursuant to Section 2.4 above as provided in Section 8.1(h); or (iii) violation of of: (xy) the financial covenants in Section 7.1(cc) or (y) 7.1(w); any negative covenants in Section 7.2) and, such failure shall continue for fifteen (15) days after notice of such failure is provided by AgentLender, provided however, that if Borrower commences to cure such failure within such 15 day period, but, because of the nature of such failure, cure cannot be completed within 15 days notwithstanding diligent effort to do so, then, provided Borrower diligently seeks to complete such cure, an Event of Default shall not result unless such failure continues for a total of thirty (30) days.
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)
Covenant Defaults. If Borrower shall fail to perform or observe any covenant, agreement or warranty contained in this Agreement or in any of the Loan Documents, (other than with respect to: (i) the failure to make timely payments in respect of the Loan as provided in Section 8.1(a); (ii) the failure to deliver payments made under the Pledged Notes Receivable directly to Agent as required pursuant to Section 2.4 above 2.3 as provided in Section 8.1(h); or (iii) violation of of: (xy) the financial covenants in Section 7.1(cc) 7.1(y); or (yz) any negative covenants in Section 7.2) and, such failure shall continue for fifteen (15) days after notice of such failure is provided by Agent, provided however, that if Borrower commences to cure such failure within such 15 day period, but, because of the nature of such failure, cure cannot be completed within 15 days notwithstanding diligent effort to do so, then, provided Borrower diligently seeks to complete such cure, an Event of Default shall not result unless such failure continues for a total of thirty (30) days.
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)
Covenant Defaults. If Borrower shall fail to perform or observe any covenant, agreement or warranty contained in this Agreement or in any of the Loan Documents, (other than with respect to: (i) the failure to make timely payments in respect of the Loan as provided in Section 8.1(a); (ii) the failure to deliver payments made under the Pledged Notes Receivable directly to Agent as required pursuant to Section 2.4 above 2.3 as provided in Section 8.1(h); or (iii) violation of of: (xy) the financial covenants in Section 7.1(cc) 7.1(y); or (yz) any negative covenants in Section 7.2) 7.2 and, such failure shall continue for fifteen (15) days after notice of such failure is provided by Agent, provided however, that if Borrower commences to cure such failure within such 15 day period, but, because of the nature of such failure, cure cannot be completed within 15 days notwithstanding diligent effort to do so, then, provided Borrower diligently seeks to complete such cure, an Event of Default shall not result unless such failure continues for a total of thirty (30) daysdays and provided further that it shall not be a Default or an Event of Default, if during the initial sixty (60) days after the Closing Date Borrower is not able to achieve compliance with all covenants relating to the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)
Covenant Defaults. If Borrower shall fail to perform or observe any covenant, agreement or warranty contained in this Agreement or in any of the Loan Documents, (other than with respect to: (i) the failure to make timely payments in respect of the Loan as provided in Section 8.1(a); (ii) the failure to deliver payments made under the Pledged Notes Receivable directly to Agent as required pursuant to Section 2.4 above as provided in Section 8.1(h); or (iii) violation of (x) the financial covenants in Section 7.1(cc7.1(aa) or (y) any negative covenants in Section 7.27.4) and, such failure shall continue for fifteen (15) days after notice of such failure is provided by AgentLender, provided however, that if Borrower commences to cure such failure within such 15 day period, but, because of the nature of such failure, cure cannot be completed within 15 days notwithstanding diligent effort to do so, then, provided Borrower diligently seeks to complete such cure, an Event of Default shall not result unless such failure continues for a total of thirty (30) days."
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)