Cure Periods. 11 (c) Remedies...................................................12 (d) Specific Performance.......................................
Cure Periods. Except in the case of a default under the foregoing subsection (a)(iv), as to which no cure period will be applicable, an Event of Default will not be deemed to have occurred until twenty (20) business days after the nondefaulting party has provided the defaulting party with written notice specifying the event or events that if not cured would constitute an Event of Default. This period may be extended by the non-defaulting party for a reasonable period of time, if the defaulting party is acting in good faith to cure the default and such delay will not have a materially adverse affect upon the other party.
Cure Periods. The Obligor hereby confirms that it will provide to the Collateral Agent the same notices as are to be provided to the Assignor pursuant to Sections 15.4.2, 15.5.1(d), and 15.5.2 of the Assigned Agreement.
Cure Periods. Except as expressly provided to the contrary in this Note or any of the other Related Documents, the Bank shall not exercise its option to accelerate the maturity of this Note upon the occurrence of a default unless the default has not been fully cured (i) within five (5) days after its occurrence, if the condition, event or occurrence giving rise to such default can be cured by the payment of money, or (ii) within thirty (30) days after its occurrence, if the condition, event or occurrence giving rise to such default is of a nature that it can be cured only by means other than the payment of money. Provided, however, that the Borrower shall have no cure rights if the condition, event or occurrence giving rise to the default: (a) is described in any of clauses 3(b), (6), (7), (8), (9), or (11) above or (b) constitutes a breach of any covenant in any of the Related Documents prohibiting the sale or transfer of (i) any assets of any Borrower, Mortgagor, Pledgor, Debtor, Assignor, Trustor or any similar pledging or borrowing party or (ii) any of the Collateral; or (c) during the twelve (12) month period immediately preceding the occurrence of the default, either (i) the same default has occurred or (ii) three (3) or more other defaults of any nature have occurred. Notwithstanding the existence of any cure period, the Bank shall have no obligation to extend credit governed by this Note, whether by advance, disbursement of a loan or otherwise after the occurrence of any default or event which with the giving of notice or the passage of time or both could become a default or during any cure period. The inclusion of any cure period in this Note shall have no bearing on the due dates for payments under any of the Related Documents, whether for purposes of calculating late payment charges or otherwise.
Cure Periods. An Event of Default shall not be deemed to have occurred until thirty (30) business days, or fifteen (15) days in the event of a monetary default, after the non-defaulting party has provided the defaulting party with written notice specifying the event or events that, if not cured, would constitute an Event of Default and specifying the actions necessary to cure within such period. This period may be extended for a reasonable period of time if the defaulting party is acting in good faith to cure and such delay is not materially adverse to the other party.
Cure Periods. For any Event of Default other than an Event of Default arising from the failure of Borrower to make a payment to Lender when due, Borrower may cure such default within ten Banking Business Days of the receipt of written notice from Lender of such default (a “Default Notice”), or if it is commercially unreasonable to cure such default within ten Banking Business Days and with Lender’s consent, within such longer period of time as is reasonably necessary to accomplish the cure, provided (i) Borrower promptly commences such cure upon receipt of the Default Notice, (ii) such cure period does not exceed 90 days under any circumstances, and (iii) Borrower shall pay to Lender all of Lender’s reasonable costs to confirm that the Event of Default has been cured. If an Event of Default is cured, provided Borrower immediately pays all of Lenders reasonable enforcement costs, including attorneys’ fees, through the date Lender received notice of the cure, Lender shall cease its enforcement actions and remedies, including any acceleration remedy provided herein or elsewhere in the Loan Documents, and the parties shall proceed under the Loan Documents as if no default has occurred. Notwithstanding Lender’s obligation to terminate its remedies upon a cure as set forth above, Lender shall have no obligation to suspend or delay its enforcement of its rights and remedies under the Loan Documents and at law during any applicable cure period. In no event shall Borrower have the right to cure Events of Default more than three times during the term of this Agreement.
Cure Periods. An Event of Default under 17(a) above shall not be deemed to have occurred until thirty (30) business days after the non-defaulting party has provided the defaulting party with written notice specifying the event or events that if not cured would constitute an Event of Default. The Event of Default which is subject to a cure period hereunder shall not be deemed to have occurred if actions necessary and sufficient to cure are taken during the relevant cure period.
Cure Periods. (i) Subject to Section 11.2(ii),
(a) an event or condition of the type described in clause (c) of Section 11.1(i) (exclusive of a default arising solely by virtue of noncompliance with Sections 8.2, 8.3, 8.4, 8.5, 8.7, 8.9, or 8.11, insofar as insurance coverage is no longer in effect, Sections 10.14 or 10.15, or Section 10.28) will be considered an Event of Default for purposes of Section 12.1 of this Agreement only if the applicable Borrower or Borrowers fail(s) to cure the default within forty (40) days after the earlier of (1) the date on which the applicable Borrower(s) has knowledge of the existence of such event or condition or (2) the date on which Xxxxxx notifies such Borrower(s) of the existence of such event or condition; however, if a period of cure is provided for in any of the other Loan Documents with respect to a default under such other Loan Documents, the period of cure set forth in this Section 11.2(i)(a) will not be applicable to such default;
(b) an event or condition of the type described in clause (g) of Section 11.1(i) will be considered an Event of Default for purposes of Section 12.1 of this Agreement only if (1) Xxxxxx shall have first given written notice thereof to Borrowing Agent, and (2) either (A) Borrowers shall fail, within twenty (20) days after the delivery of such notice from Xxxxxx, to deliver a business plan to Xxxxxx which, to the Required Lenders' sole satisfaction, shall provide a reasonably acceptable means to cure such default or (B) Borrowers fail to cure such default to Required Lenders' sole satisfaction within twenty (20) days after Xxxxxx gives Borrowing Agent written approval of such business plan. Nothing in this clause (b) of Section 11.2(i), however, obligates Required Lenders under any circumstances to (w) support any business plan proposed by Borrowers, (x) consider any more than the original business plan proposed by Borrowers, or (y) consider any business plan proposed by Borrowers if any other Event of Default has occurred or then exists; and
(c) an event or condition of the type described in clause (a)(1) of Section 11.1(i) will be considered an Event of Default for purposes of Section 12.1 of this Agreement only if the applicable Borrower or Borrowers fail(s) to cure the default within five (5) Business Days.
(ii) Section 11.2(i) will not be applicable with regard to (a) any Event of Default which by its nature is not susceptible of cure (including, without limitation, any violation of the Financi...
Cure Periods. Unless otherwise specifically provided otherwise in this Agreement, the cure period for the failure to perform any obligation of a party pursuant to the terms of this Agreement shall be thirty (30) calendar days after sending Notice of such failure to the failing party.
Cure Periods. The cure periods before any event listed in Sections 8.1 or 8.2 shall become an Event of Default are as follows:
