Common use of Default in Performance Clause in Contracts

Default in Performance. (i) The Borrower or the Parent shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.8, Section 8.1, Section 8.2, Section 8.3, Section 8.4(i) or in Article IX or (ii) the Borrower, the Parent 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 and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Borrower has received written notice of such failure from the Agent.

Appears in 8 contracts

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

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Default in Performance. (i) The Borrower Parent or the Parent Borrower shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.87.13., Section 8.1, Section 8.2, Section 8.3, Section 8.4(i8.4.(h) or in Article IX IX. or (ii) the BorrowerParent, the Parent 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 and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Parent or the Borrower has received written notice of such failure from the Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (CubeSmart, L.P.), Credit Agreement (CubeSmart, L.P.), Term Loan Agreement (U-Store-It Trust)

Default in Performance. (i) The Borrower or the Parent shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.8, Section 8.1, Section 8.2, Section 8.3, Section 8.4(i) or in Article IX or (ii) the Borrower, the Parent 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 and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Borrower has received written notice of such failure from the Agent.

Appears in 2 contracts

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

Default in Performance. (i) The Borrower or the Parent shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.8, Section 8.1, Section 8.2, Section 8.3, Section 8.4(i8.4.(h) or in Article IX IX. or (ii) the Borrower, the Parent 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 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 Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Agent.

Appears in 1 contract

Samples: Credit Agreement (HRPT Properties Trust)

Default in Performance. (i) The Borrower or the Parent shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.8, Section 8.1., Section 8.2., Section 8.3., Section 8.4(i8.4.(i) or in Article IX IX. or (ii) the Borrower, the Parent 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 and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Borrower has received written notice of such failure from the Agent.

Appears in 1 contract

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

Default in Performance. (i) The Borrower Parent or the Parent Borrower shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.88.13., Section 8.1, Section 8.2, Section 8.3, Section 8.4(i9.4.(h) or in Article IX X. or (ii) the BorrowerParent, the Parent 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 a Security 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 date upon which the Parent or the Borrower has received written notice of such failure from the Agent.

Appears in 1 contract

Samples: Credit Agreement (U-Store-It Trust)

Default in Performance. (i) The Borrower Parent or the Parent Borrower shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.87.5., Section 8.17.6., Section 8.2, Section 8.3, Section 8.4(i7.7. or 8.2.(a) or in Article IX or (ii) the BorrowerParent, the Parent 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 and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Parent or the Borrower has received written notice of such failure from the Agent.

Appears in 1 contract

Samples: Credit Agreement (U-Store-It Trust)

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Default in Performance. (i) The Borrower or the Parent shall fail to perform or observe Section 8.8. or 8.11. hereof or any term, covenant, condition or agreement contained in Section 7.8, Section 8.1, Section 8.2, Section 8.3, Section 8.4(i) or in -71- 77 Article IX 10. or (ii) the Borrower, the Parent 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 11.1. and in the case of this clause (ii) only such failure shall continue for a period of 30 thirty days after the earlier of (x) the date upon which the Borrower or such Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the AgentAdministrative Agent sent at the request of any Lender.

Appears in 1 contract

Samples: Credit Agreement (Asa Holdings Inc)

Default in Performance. (i) The Borrower or the Parent shall fail to perform or observe Section 8.8. hereof or any term, covenant, condition or agreement contained in Section 7.8, Section 8.1, Section 8.2, Section 8.3, Section 8.4(i) or in Article IX 10. or (ii) the Borrower, the Parent 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 11.1. and in the case of this clause (ii) only such failure shall continue for a period of 30 thirty days after the earlier of (x) the date upon which the Borrower or such Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the AgentAdministrative Agent sent at the request of any Lender.

Appears in 1 contract

Samples: Credit Agreement (Shaw Industries Inc)

Default in Performance. (i) The Borrower Parent or the Parent Borrower shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.87.13., Section 8.1, Section 8.2, Section 8.3, Section 8.4(i8.4.(h) or in Article IX IX. or (ii) the BorrowerParent, the Parent 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 ‌ ​ LEGAL02/42113124v8 ​ 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 date upon which the Parent or the Borrower has received written notice of such failure from the Administrative Agent.. ​

Appears in 1 contract

Samples: Credit Agreement (CubeSmart, L.P.)

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