Covenants Without Cure Period Sample Clauses

Covenants Without Cure Period. (a) Any failure by any Borrower to perform or observe any of its obligations under Section 9.1.2, 9.1.3, 9.1.5, clauses (g), (h), (i), (k)(iv), (k)(v), (k)(vi) or (k)(vii) of Section 11.1.1, 11.1.2(b), 11.1.3, 11.1.6, 11.1.11, 11.1.14, 11.1.17, 11.2.2, 11.2.3, 11.2.5, 11.2.15, 11.2.17 and 11.2.19, which failure, if capable of being cured, remains uncured for a period of five (5) Business Days after the date that any Borrower receives notice or otherwise Knows of such failure; or (b) any failure by any Borrower to perform or observe any of its obligations under Sections 9.2.4, 11.1.1(f), 11.1.2(a), 11.1.9, or 11.2 (other than those clauses of Section 11.2 specified in clause (a) of this Section 12.1.5).
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Covenants Without Cure Period. The Borrower or any Borrower Entity shall fail to perform or observe any of its obligations under (i) any term, covenant or agreement set forth in (i) Section 6.1.7, Section 6.1.8, Section 6.7, Section 6.20(b), Section 6.22, Section 6.29, Section 6.30 or Article 7 or (ii) any material term, covenant or agreement set forth in the Security Agreement or (iii) any negative covenants in any other Financing Document, in each case where default under the applicable term, covenant, agreement or negative covenant has not been remedied within the cure period, if any, specified for such negative covenant in such Financing Document.
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Covenants Without Cure Period. (i) The Borrower shall fail to perform or observe any of its obligations under (A) any term, covenant or agreement set forth in Section 6.1(h)(i) (Reporting Obligations), Section 6.3(b) (Maintenance of Property and Insurance), Section 6.13 (Use of Proceeds; Repayment of Indebtedness), Section 6.17 (Debt Service Reserve) or Article 7 (Negative Covenants) (except as provided in Section 7.14) or (B) any other negative covenant contained in any Loan Document to which it is a party, where such default has not been remedied within the cure period, if any, specified in such Loan Document, or (ii) the Borrower or any of its members, directors, officers, parents or subsidiaries, or any of its successors or assigns, shall fail to perform or observe any of its obligations under Section 7.29.
Sample 1
Covenants Without Cure Period. The Borrower shall fail to perform or observe any of its obligations under (i) any term, covenant or agreement set forth in Section 6.1(f)(i) (Reporting Obligations), Section 6.3(b), (Maintenance of Property and Insurance), Section 6.4 (Maintenance of Existence; Conduct of Business), Section 6.12 (Use of Proceeds), Section 6.15 (Debt Service Reserve), Section 6.19 (
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Related to Covenants Without Cure Period

  • Covenants Without Notice The Borrower shall fail to observe or perform any covenant or agreement on its part to be observed or performed which is set forth in Section 5.01, 5.02, 5.09, 5.10, 5.12, 5.13, 5.14 or 5.15;

  • Cure Period Prior to any claim for default being made, either the Buyer or Seller will have an opportunity to cure any alleged default. If either Buyer or Seller fails to comply with any provision of this Agreement, the other party will deliver written notice to the non- complying party specifying such non-compliance. The non-complying party shall have calendar days after delivery of such notice to cure the non-compliance.

  • Covenant Termination If at any time (a) the rating assigned to the Notes by S&P and Xxxxx’x is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) of this sentence as of the date of such certificate, the Company and its Restricted Subsidiaries will no longer be subject to the provisions of Section 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, Section 4.18, Section 4.20, and Section 5.01(a)(iv). However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.

  • Cure Periods 11 (c) Remedies...................................................12 (d) Specific Performance.......................................

  • Covenant Breaches The Borrower, any Guarantor or any of their respective Subsidiaries shall fail to (i) perform or observe any covenant contained in Section 5.02(a), Section 5.03, Section 5.06(e), Section 5.09, Section 5.12, or Article VI of this Agreement or (ii) fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Document which is not covered by clause (i) above or any other provision of this Section 7.01 if such failure shall remain unremedied for 30 days after the occurrence of such breach or failure;

  • In the Event of Forecasted Surpluses If the HSP is forecasting a surplus, the Funder may take one or more of the following actions: adjust the amount of Funding to be paid under Schedule A, require the repayment of excess Funding; adjust the amount of any future funding installments accordingly.

  • Covenant The Transfer Agent and the Customer agree that they will not, at any time during the term of this Agreement or after its termination, reveal, divulge, or make known to any person, firm, corporation or other business organization, any customers' lists, trade secrets, cost figures and projections, profit figures and projections, or any other secret or confidential information whatsoever, whether of the Transfer Agent or of the Customer, used or gained by the Transfer Agent or the Customer during performance under this Agreement. The Customer and the Transfer Agent further covenant and agree to retain all such knowledge and information acquired during and after the term of this Agreement respecting such lists, trade secrets, or any secret or confidential information whatsoever in trust for the sole benefit of the Transfer Agent or the Customer and their successors and assigns. The above prohibition of disclosure shall not apply to the extent that the Transfer Agent must disclose such data to its sub-contractor or agent for purposes of providing services under this Agreement.

  • Covenants Running with the Land All Obligations contained in this Mortgage are intended by Mortgagor and Mortgagee to be, and shall be construed as, covenants running with the Land. As used herein, “Mortgagor” shall refer to the party named in the first paragraph of this Mortgage and to any subsequent owner of all or any portion of the Mortgaged Property. All Persons who may have or acquire an interest in the Mortgaged Property shall be deemed to have notice of, and be bound by, the terms of the Credit Agreement and the other Loan Documents; provided, however, that no such party shall be entitled to any rights thereunder without the prior written consent of Mortgagee.

  • Independent Covenant 12 Section 10.06 Materiality............................................ 13

  • DIRECT ORDERING WITHOUT A FURTHER COMPETITION 2.1 Subject to paragraph 1.2 above any Contracting Body ordering the Services under this Framework Agreement without holding a further competition shall: 2.1.1 develop a clear Statement of Requirements setting out its requirements for the Services; and 2.1.2 apply the Direct Award Criteria to the catalogue of the Services for all Suppliers capable of meeting the Statement of Requirements in order to establish which of the Framework Suppliers provides the most economically advantageous solution; and 2.1.3 on the basis set out above, award its Services Requirements by placing an Order with the successful Framework Supplier in accordance with paragraph 7 below.

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