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 (A) in Article X or Sections 9.1, 9.2, 9.3, or 9.4(d), or (B) in Article IX (excluding Sections 9.1, 9.2, 9.3, and 9.4(d)) and in the case of this subsection (b)(i)(B) only such failure continues for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or
Appears in 9 contracts
Samples: Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.)
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 contained in Sections 7.13 or observed and contained (A) 8.3 or in Article X or Sections 9.1, 9.2, 9.3, or 9.4(d)IX, or (Bii) the Borrower or any other Obligor shall fail to perform or observe any term, covenant, condition or agreement contained in Article IX (excluding Sections 9.1, 9.2, 9.3, this Agreement or any other Loan Document to which it is a party and 9.4(d)) not otherwise mentioned in this Section and in the case of this subsection (b)(i)(B) only such failure continues under this Section 10.1(c)(ii) shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such Obligor obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or.
Appears in 2 contracts
Samples: Mezzanine Credit Agreement (NNN Apartment REIT, Inc.), Credit Agreement (NNN Apartment REIT, Inc.)
Default in Performance. (iiv) 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 (A) in Article X or Sections 9.1, 9.2, 9.3, or 9.4(d), or (B) in Article IX (excluding Sections 9.1, 9.2, 9.3, and 9.4(d)) and in the case of this subsection (b)(i)(B) only such failure continues for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or
Appears in 1 contract
Samples: Credit Agreement (LGI Homes, Inc.)
