Common use of Default in Performance Clause in Contracts

Default in Performance. (i) The Borrower or 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 Article IX and such failure shall continue for a period of five (5) days; or (ii) The Borrower or 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 (with respect to the existence of any Loan Party), Section 8.8 or Article X; or (iii) The Borrower or 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 such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which any Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; provided, however, that: (i) if such default is not susceptible of cure within such thirty (30)-day period, such thirty (30)-day period shall be extended to a ninety (90)-day period, but only if (A) such Loan Party shall commence such cure within such thirty (30)-day period and shall thereafter prosecute such cure to completion, diligently and without delay, and (B) no other Default or Event of Default shall have occurred; and (ii) the grace period provided in this section shall in no event apply to any default relating to any other Default for which this Agreement or the applicable Loan Document specifically provides that no period of grace shall be applicable; or

Default in Performance. (i) The Borrower or any 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 Article IX and such failure shall continue for a period of five (5) days; or (ii) The Borrower or any Loan Party 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 Section 8.1 9.1. and such failure continues for 90 calendar days after the earlier of (with respect x) the date any Senior Officer of the Borrower has actual knowledge of such failure or (y) the date notice of such failure has been given to the existence of any Loan Party), Section 8.8 or Article XBorrower by the Agent; or (iiiii) The Borrower or any Loan Party or the Parent 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 such failure shall continue for a period of thirty (30) 30 calendar days after the earlier of (x) the date upon which any Loan Party obtains Senior Officer of the Borrower has actual knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from has been given to the Administrative Borrower by the Agent; provided, however, that: (i) that if such default is curable but requires work to be performed, acts to be done or conditions to be remedied which, by their nature, cannot susceptible of cure be performed, done or remedied, as the case may be, within such thirty (30)-day 30-day period, such thirty (30)-day period shall be extended to a ninety (90)-day period, but only if (A) such Loan Party shall commence such cure within such thirty (30)-day period and shall thereafter prosecute such cure to completion, diligently and without delay, and (B) no other Default or Event of Default shall be deemed to have occurred; and (ii) the grace period provided in this section shall in no event apply to any default relating to any other Default for which this Agreement occurred if such Loan Party or the applicable Loan Document specifically provides that Parent, as the case may be, commences the same within such 30-day period and thereafter diligently and continuously prosecutes the same to completion, and the same is in fact completed, no period later than the date 90 calendar days following the earlier of grace shall be applicable; orthe date such Senior Officer has actual knowledge of such failure or the date the Agent gave notice of such failure to the Borrower.

Default in Performance. (i) The Borrower or 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 Article IX IX. and such failure shall continue for a period of five (5) days; or (ii) The Borrower or 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 (with respect to the existence of any Loan Party), Section 8.8 or Article XX.; or (iii) The Borrower or 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 such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which any Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; provided, however, that: (i) if such default is not susceptible of cure within such thirty (30)-day period, such thirty (30)-day period shall be extended to a ninety (90)-day period, but only if (A) such Loan Party shall commence such cure within such thirty (30)-day period and shall thereafter prosecute such cure to completion, diligently and without delay, and (B) no other Default or Event of Default shall have occurred; and (ii) the grace period provided in this section shall in no event apply to any default relating to any other Default for which this Agreement or the applicable Loan Document specifically provides that no period of grace shall be applicable; or.

Default in Performance. (i) The Borrower or any Loan Party Operating Lessee shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Article IX 9 and such failure shall continue for a period of five (5) days; or (ii) The Borrower or 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 (with respect to the existence of any Loan Party), Section 8.8 or Article X; or (iii) The Borrower or any Loan Party Operating Lessee 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 such failure shall continue for a period of thirty (30) days after the earlier of (xA) the date upon which any Loan Party Borrower or Operating Lessee obtains knowledge of such failure or (yB) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; provided, however, that: (iX) if such default is not susceptible of cure within such thirty (30)-day period, such thirty (30)-day period shall be extended to a ninety (90)-day period, but only if (A1) such Loan Party Borrower or Operating Lessee shall commence such cure within such thirty (30)-day period and shall thereafter prosecute such cure to completion, diligently and without delay, and (B2) no other Default or Event of Potential Default shall have occurred; and (iiY) the grace period provided in this section shall in no event apply to any default relating to any other Default for which this Agreement or the applicable Loan Document specifically provides that no period of grace shall be applicable; or.

Default in Performance. (i) The Borrower or any 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 Article IX and such failure shall continue for a period of five (5) days; or (ii) The Borrower or any Loan Party 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 Section 8.1 9.1 and such failure continues for 90 calendar days after the earlier of (with respect x) the date any Senior Officer of the Borrower has actual knowledge of such failure or (y) the date notice of such failure has been given to the existence of any Loan Party), Section 8.8 or Article XBorrower by the Agent; or (iiiii) The Borrower or any Loan Party or the Parent 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 such failure shall continue for a period of thirty (30) 30 calendar days after the earlier of (x) the date upon which any Loan Party obtains Senior Officer of the Borrower has actual knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from has been given to the Administrative Borrower by the Agent; provided, however, that: (i) that if such default is curable but requires work to be performed, acts to be done or conditions to be remedied which, by their nature, cannot susceptible of cure be performed, done or remedied, as the case may be, within such thirty (30)-day 30-day period, such thirty (30)-day period shall be extended to a ninety (90)-day period, but only if (A) such Loan Party shall commence such cure within such thirty (30)-day period and shall thereafter prosecute such cure to completion, diligently and without delay, and (B) no other Default or Event of Default shall be deemed to have occurred; and (ii) the grace period provided in this section shall in no event apply to any default relating to any other Default for which this Agreement occurred if such Loan Party or the applicable Loan Document specifically provides that Parent, as the case may be, commences the same within such 30-day period and thereafter diligently and continuously prosecutes the same to completion, and the same is in fact completed, no period later than the date 90 calendar days following the earlier of grace shall be applicable; orthe date such Senior Officer has actual knowledge of such failure or the date the Agent gave notice of such failure to the Borrower.

Default in Performance. (i) The Borrower or 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 Article IX IX. and such failure shall continue for a period of five (5) days; or (ii) The Borrower or 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 Article X.(other than Section 8.1 (10.1.(g) with respect to the existence of any Loan Partywhich clause (iv) below shall apply), Section 8.8 or Article X; or (iii) The Borrower or 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 such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which any Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; provided, however, that: (i) if such default is not susceptible of cure within such thirty (30)-day period, such thirty (30)-day period shall be extended to a ninety (90)-day period, but only if (A) such Loan Party shall commence such cure within such thirty (30)-day period and shall thereafter prosecute such cure to completion, diligently and without delay, and (B) no other Default or Event of Default shall have occurred; and (ii) the grace period provided in this section shall in no event apply to any default relating to any other Default for which this Agreement or the applicable Loan Document specifically provides that no period of grace shall be applicable; or (iv) A breach of the covenant set forth in Section 10.1.(g) shall occur that is not remedied in accordance with Section 11.10.

Default in Performance. (i) The Borrower or any 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 Article IX and such failure shall continue for a period of five (5) days; or (ii) The Borrower or any Loan Party 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 Section 8.1 10.1. and such failure continues for 90 calendar days after the earlier of (with respect x) the date any Senior Officer of the Borrower has actual knowledge of such failure or (y) the date notice of such failure has been given to the existence of any Loan Party), Section 8.8 or Article XBorrower by the Agent; or (iiiii) The Borrower or any Loan Party or the Parent 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 such failure shall continue for a period of thirty (30) 30 calendar days after the earlier of (x) the date upon which any Loan Party obtains Senior Officer of the Borrower has actual knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from has been given to the Administrative Borrower by the Agent; provided, however, that: (i) that if such default is curable but requires work to be performed, acts to be done or conditions to be remedied which, by their nature, cannot susceptible of cure be performed, done or remedied, as the case may be, within such thirty (30)-day 30-day period, such thirty (30)-day period shall be extended to a ninety (90)-day period, but only if (A) such Loan Party shall commence such cure within such thirty (30)-day period and shall thereafter prosecute such cure to completion, diligently and without delay, and (B) no other Default or Event of Default shall be deemed to have occurred; and (ii) the grace period provided in this section shall in no event apply to any default relating to any other Default for which this Agreement occurred if such Loan Party or the applicable Loan Document specifically provides that Parent, as the case may be, commences the same within such 30-day period and thereafter diligently and continuously prosecutes the same to completion, and the same is in fact completed, no period later than the date 90 days following the earlier of grace shall be applicable; orthe date such Senior Officer has actual knowledge of such failure or the date the Agent gave notice of such failure to the Borrower.

Default in Performance. (i) The Borrower or any Loan Party Operating Lessee shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Article IX and such failure shall continue for a period of five (5) days; or (ii) The Borrower or 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 (with respect to the existence of any Loan Party), Section 8.8 or Article X; or (iii) The Borrower or any Loan Party Operating Lessee 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 such failure shall continue for a period of thirty (30) days after the earlier of (xA) the date upon which any Loan Party Borrower or Operating Lessee obtains knowledge of such failure or (yB) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; provided, however, that: (iX) if such default is not susceptible of cure within such thirty (30)-day period, such thirty (30)-day period shall be extended to a ninety (90)-day period, but only if (A1) such Loan Party Borrower or Operating Lessee shall commence such cure within such thirty (30)-day period and shall thereafter prosecute such cure to completion, diligently and without delay, and (B2) no other Default or Event of Default shall have occurred; and (iiY) the grace period provided in this section shall in no event apply to any default relating to any other Default for which this Agreement or the applicable Loan Document specifically provides that no period of grace shall be applicable; or.

Default in Performance. (i) The Borrower or any Any Loan Party shall (A) fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 9.4(l) or Article X or (B) fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Article IX and (other than as referenced above) within ten (10) days of the date on which such failure shall continue for a period of five (5) days; or (ii) The Borrower or any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part was to be have been performed or observed and contained in Section 8.1 (with respect to the existence of any Loan Party), Section 8.8 or Article Xobserved; or (iiiii) The Borrower or any 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 subsection (b)(ii) only, such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which any 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 Administrative Agent; provided, however, that: that if any such failure referred to in this clause (iii) if such default is reasonably capable of being cured but not susceptible of cure within such thirty (30)-day period, such thirty (30)-day 30-day period shall be extended to a ninety (90)-day period, but only if (A) such and the Borrower or other Loan Party shall commence has in good faith commenced to cure such cure within failure prior to the expiration of such thirty (30)-day 30-day period and shall thereafter continues to diligently prosecute such cure to completioncure, diligently and without delay, and (B) no other Default or Event of Default shall be deemed to have occurredoccurred unless such failure has not been cured within 60 calendar days after the last day of such initial 30-day period; or (iii) The Parent shall fail to perform Section 10.4, and (ii) failure shall continue beyond the grace period provided in this section shall in no event apply Section 8.16(b) to any default relating cause the Parent to any other Default for which this Agreement become a Guarantor or cure the applicable Loan Document specifically provides that no period of grace shall be applicable; orDefault.

Default in Performance. (i) The Borrower or any 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 Article IX and such failure shall continue for a period of five (5) days; or (ii) The Borrower or any Loan Party 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 Section 8.1 9.1 and such failure continues for 90 calendar days after the earlier of (with respect x) the date any Senior Officer of the Borrower has actual knowledge of such failure or (y) the date notice of such failure has been given to the existence of any Loan Party), Section 8.8 or Article XBorrower by the Bank; or (iiiii) The Borrower or any Loan Party or the Parent shall fail to perform or observe any term, covenant, condition or agreement contained in this Loan Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section and such failure shall continue for a period of thirty (30) 30 calendar days after the earlier of (x) the date upon which any Loan Party obtains Senior Officer of the Borrower has actual knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from has been given to the Administrative AgentBorrower by the Bank; provided, however, that: (i) that if such default is curable but requires work to be performed, acts to be done or conditions to be remedied which, by their nature, cannot susceptible of cure be performed, done or remedied, as the case may be, within such thirty (30)-day 30-day period, such thirty (30)-day period shall be extended to a ninety (90)-day period, but only if (A) such Loan Party shall commence such cure within such thirty (30)-day period and shall thereafter prosecute such cure to completion, diligently and without delay, and (B) no other Default or Event of Default shall be deemed to have occurred; and (ii) the grace period provided in this section shall in no event apply to any default relating to any other Default for which this Agreement occurred if such Loan Party or the applicable Loan Document specifically provides that Parent, as the case may be, commences the same within such 30-day period and thereafter diligently and continuously prosecutes the same to completion, and the same is in fact completed, no period later than the date 90 days following the earlier of grace shall be applicable; orthe date such Senior Officer has actual knowledge of such failure or the date the Bank gave notice of such failure to the Borrower.

Default in Performance. (i) The Borrower or any 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 Article IX and such failure shall continue for a period of five (5) days; or (ii) The Borrower or any Loan Party 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 Section 8.1 10.1.(a), (with respect b), (e), (f) or (g) and such failure continues for sixty (60) calendar days after the earlier of (x) the date any Senior Officer of the Borrower has actual knowledge of such failure or (y) the date notice of such failure has been given to the existence of any Loan Party), Section 8.8 or Article XBorrower by the Administrative Agent; or (iiiii) The Borrower or any Any Loan Party 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 Section 10.1(c) or (d) for two (2) consecutive quarters; or (iii) Any Loan Party or the Parent shall fail to perform or observe any other 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 such failure shall continue for a period of thirty (30) calendar days after the earlier of (x) the date upon which any Loan Party obtains Senior Officer of the Borrower has actual knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative AgentAgent ; provided, however, that: (i) that if such default is curable but requires work to be performed, acts to be done or conditions to be remedied which, by their nature, cannot susceptible of cure be performed, done or remedied, as the case may be, within such thirty (30)-day 30-day period, such thirty (30)-day period shall be extended to a ninety (90)-day period, but only if (A) such Loan Party shall commence such cure within such thirty (30)-day period and shall thereafter prosecute such cure to completion, diligently and without delay, and (B) no other Default or Event of Default shall be deemed to have occurred; and (ii) the grace period provided in this section shall in no event apply to any default relating to any other Default for which this Agreement occurred if such Loan Party or the applicable Loan Document specifically provides that Parent, as the case may be, commences the same within such 30-day period and thereafter diligently and continuously prosecutes the same to completion, and the same is in fact completed, no period later than the date ninety (90) days following the earlier of grace shall be applicable; orthe date such Senior Officer has actual knowledge of such failure or the date the Administrative Agent gave notice of such failure to the Borrower.

Default in Performance. (i) The Borrower or any Any Loan Party 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 Article IX Xxxxxxx 00.0.(x), (x), (x), (x), (x), (x), (x), (x) or (k) and such failure shall continue continues for a period sixty (60) calendar days after the earlier of five (5x) daysthe date any Senior Officer of the Borrower has actual knowledge of such failure or (y) the date notice of such failure has been given to the Borrower by the Administrative Agent; or (ii) The Borrower or any Any Loan Party 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 Section 8.1 10.1(c) or (with respect to the existence of any Loan Party), Section 8.8 or Article Xd) for two (2) consecutive quarters; or (iii) The Borrower or any Any Loan Party or the Parent shall fail to perform or observe any other 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 such failure shall continue for a period of thirty (30) calendar days after the earlier of (x) the date upon which any Loan Party obtains Senior Officer of the Borrower has actual knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative AgentAgent ; provided, however, that: (i) that if such default is curable but requires work to be performed, acts to be done or conditions to be remedied which, by their nature, cannot susceptible of cure be performed, done or remedied, as the case may be, within such thirty (30)-day 30-day period, such thirty (30)-day period shall be extended to a ninety (90)-day period, but only if (A) such Loan Party shall commence such cure within such thirty (30)-day period and shall thereafter prosecute such cure to completion, diligently and without delay, and (B) no other Default or Event of Default shall be deemed to have occurred; and (ii) the grace period provided in this section shall in no event apply to any default relating to any other Default for which this Agreement occurred if such Loan Party or the applicable Loan Document specifically provides that Parent, as the case may be, commences the same within such 30-day period and thereafter diligently and continuously prosecutes the same to completion, and the same is in fact completed, no period later than the date ninety (90) days following the earlier of grace shall be applicable; orthe date such Senior Officer has actual knowledge of such failure or the date the Administrative Agent gave notice of such failure to the Borrower.