Common use of Default in Performance Clause in Contracts

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a), Section 8.8.(b), Section 9.4.(h), or Article X.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this clause (ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent or the Borrower obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a2.7(b), Section 8.8.(b)7.14, Section 9.4.(h), 7.15 or 8.4.(h) or Article X.IX.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this clause subsection (iib)(ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent Borrower or the Borrower such other Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.1 (solely with respect to the last sentence existence of Section 8.8.(aany Loan Party), Section 8.8.(b)8.8, Section 9.4.(h), Article IX or Article X.X; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this clause subsection (iib)(ii) only, such failure shall continue for a period of 30 thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Parent or the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence two sentences of Section 8.8.(a), Section 8.8.(b)8.8., Section 9.4.(h), or Article X.X. (other than Section 10.1.(e)); or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this clause (ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent or the Borrower obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a)Sections 7.7., Section 8.8.(b)7.12. or 7.14., Section 9.4.(h), Article VIII. or Article X.IX.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this clause subsection (iib)(ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent or Parent, the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Parent, the Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party The Parent or the Borrower shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a8.4.(h), Section 8.8.(b)9.1., Section 9.4.(h)9.2., or Article X.; or Section 9.3. of this Agreement, or (ii) Any the Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, only such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent Borrower or the Borrower such Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence clause (i) of Section 8.8.(a), Section 8.8.(b), Section 9.4.(h), 8.5.(h) or in Article X.IX.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this clause subsection (iic)(ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent Borrower or the Borrower such other Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence Section 10.1. and such failure shall continue for a period of Section 8.8.(a), Section 8.8.(b), Section 9.4.(h), ten (10) days; or Article X.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this clause subsection (iib)(ii) only, such failure shall continue for a period of 30 thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Parent or the Borrower obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.; or

Default in Performance. (i) Any Loan Party Borrower shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last second proviso of the second sentence of Section 8.8.(a2.3(b), in Section 8.8.(b8.4(g), in Section 9.4.(h), 7.18 or in Article X.; or IX or (ii) Any any Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, only such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent any Borrower or the Borrower such other Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a2.7(d), Section 8.8.(b)7.14, Section 9.4.(h), 7.15 or 8.4.(h) or Article X.IX.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this clause subsection (iib)(ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent Borrower or the Borrower such other Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a), Section 8.8.(b), Section 9.4.(h9.4.(l)(i), or Article X.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document (other than a Security Document) to which it is a party and not otherwise mentioned in this Section, and in the case of this clause subsection (iib)(ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent Parent, or the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party The Parent or the Borrower shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a7.13., Section 8.4.(h), Section 8.8.(b)9.1, Section 9.4.(h)9.2, or Article X.; or Section 9.3 of this Agreement, or (ii) Any the Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, only such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent Borrower or the Borrower such Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party Borrower shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last second proviso of the second sentence of Section 8.8.(a2.3(b), in Section 8.8.(b)7.17, in Section 9.4.(h), 8.4(g) or in Article X.; or IX or (ii) Any any Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, only such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent any Borrower or the Borrower such other Loan Party obtains actual knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a7.8., Section 7.15.(b), Section 8.8.(b), Section 9.4.(h8.4.(g), or Article X.IX.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this clause subsection (iib)(ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent or the Borrower obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party Borrower shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last second proviso of the second sentence of Section 8.8.(a2.3(b), in Section 8.8.(b8.4(g), in Section 9.4.(h), 7.18 or in Article X.; or IX or (ii) Any any Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, only such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent any Borrower or the Borrower such other Loan Party obtains actual knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party Borrower shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last second proviso of the second sentence of Section 8.8.(a2.3.(b), in Section 8.8.(b), Section 9.4.(h), 8.4.(g) or in Article X.; or IX. or (ii) Any any Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, only such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent any Borrower or the Borrower such other Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party A Borrower or any Subsidiary shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a)Sections 7.11, Section 8.8.(b), Section 9.4.(h)7.12, or 8.4(i) or in Article X.; or 9 or (ii) Any Loan Party a Borrower or any Subsidiary shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent or the Borrower obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Managing Agent.

Default in Performance. (i) Any Loan Party The Borrowers shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 2.11., Section 5.3., the last sentence of Section 8.8.(a)7.9., Section 8.8.(b), Section 9.4.(h), 8.3.(d) or in Article X.; or IX. or (ii) Any the Borrowers or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent Borrower or the Borrower such Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party has Borrowers have received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party The Borrower or the Parent shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a)5.3., Section 8.8.(b), Section 9.4.(h), 8.4.(i) or Article X.; or IX. or (ii) Any the Parent, the Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, only such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Borrower, the Parent or the Borrower such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower or the Parent or any other Loan Party has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party The Parent or the Borrower shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a8.4.(h), Section 8.8.(b)9.1, Section 9.4.(h)9.2, or Article X.; or Section 9.3 of this Agreement, or (ii) Any the Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, only such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent Borrower or the Borrower such Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a), Section 8.8.(b), Section 9.4.(h), or Article X.; or or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this clause (ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent or the Borrower obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a), Section 8.8.(b), Section 9.4.(h9.4.(l), or Article X.X. (excluding Sections 10.9. and 10.10.); or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause subsection (iib)(ii) only, such failure shall continue for a period of 30 calendar days after the earlier of (x) the date upon which a Responsible Officer of the Parent or the Borrower any Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party The Borrower shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a), Section 8.8.(b), Section 9.4.(h), 9.4.(j) or Article X.; or X. or (ii) Any the Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document (other than any Security Deed or any Assignment of Leases and Rents) to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, only such failure shall continue for a period of 30 45 days after the earlier of (x) the date upon which a Responsible Officer of the Parent or the Borrower or such Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party The Borrower shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.8.(a)Sections 8.1., Section 8.8.(b)8.2., Section 9.4.(h)8.3., 8.4., 8.5., 8.6.(h) or in Article X.; or IX. or (ii) Any the Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this clause (ii) only, only such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent Borrower or the Borrower such other Loan Party obtains knowledge of such failure or (y) the date upon which the Parent or any other Loan Party Borrower has received written notice of such failure from the Administrative Agent.