Events of Non-Compliance. If the Company fails to keep and fully and promptly perform and observe in all material respects any of the terms, covenants or representations contained or referenced herein within twenty (20) calendar days from the earlier to occur of (i) written notice from the Holder specifying what failure has occurred, or requesting that a specified failure be remedied or (ii) the Company becoming aware of such failure (an “Event of Non-Compliance”), the Holder shall be entitled to the remedies set forth in subsection (b) hereof.
Events of Non-Compliance. If the Company fails to keep and fully and promptly perform and observe in all material respects any of the terms, covenants or representations contained or referenced herein within 30 days from the earlier to occur of (A) written notice from the Holder specifying what failure has occurred, or requesting that a specified failure be remedied or (B) an executive officer of the Company becoming aware of such failure, other than failure to deliver the financial statements required under Section 10(a)(i) and (ii) (an "Event of Non-Compliance"), the Holder shall be entitled to the remedies set forth in subsection (b) hereof.
Events of Non-Compliance. The occurrence or existence of any one or more of the following events shall be an “Event of Non-Compliance” hereunder, and there shall be no default or Event of Non-Compliance hereunder except as provided in this Section:
Events of Non-Compliance. If either party fails to keep and fully and promptly perform and observe in all material respects any of the terms, covenants or representations contained or referenced herein within 10 days upon (A) the receipt of a written notice from the non-breaching party specifying what failure has occurred, or requesting that a specified failure be remedied or (B) the chief executive officer, treasurer or president of the breaching party becoming aware of such failure (an “Event of Non-Compliance”), the non-breaching party shall be entitled to the remedies set forth in subsection (b) hereof.
Events of Non-Compliance. (a) Each of the following shall constitute non-compliance hereunder (each of clauses (i)-(v) below, "Non-Compliance"):
Events of Non-Compliance. No Unmatured Event of Non-Compliance or Event of Non-Compliance exists on the date hereof. The Company is not in default under any provisions of its Charter or by-laws or under any provision of any franchise, contract, agreement, lease or other instrument to which it is a party or by which it or its property is bound (other than a Financing Agreement or a Related Agreement) or in violation of any law, judgment, decree or governmental order, rule or regulation that would have a Material Adverse Effect.
Events of Non-Compliance. Holders of the Securities will be entitled to exercise the remedies provided by Section 8.2 hereof in accordance with the terms thereof if any one or more of the following events ("Events of Non-Compliance") shall occur:
Events of Non-Compliance. 27 ARTICLE IX REPORTING............................................... 30 Section 9.1 Reporting................................... 30 Section 9.2 Rule 144 Reporting.......................... 31 Section 9.3 Bermuda Laws................................ 31 ARTICLE X REGISTERED EXCHANGE OFFER............................... 31 Section 10.1 Exchange Offer Registration................. 31 Section 10.2 Continuity of Effectiveness................. 32 Section 10.3 Exchange by Restricted Broker-Dealers....... 32
Events of Non-Compliance. An "Event of Non-Compliance" shall exist if any of the following occurs and is continuing:
Events of Non-Compliance. If the Company fails to keep and fully and promptly perform and observe in all material respects any of the terms or covenants contained herein or in the Notes or the Note and Warrant Purchase Agreement, within thirty (30) days from the earlier to occur of (A) written notice from the Holder specifying what failure has occurred, or requesting that a specified failure be remedied or (B) an executive officer of the Company becoming aware of such failure, subject in each case to any applicable cure period (an “Event of Non-Compliance”), the Holder shall be entitled to the remedies set forth in Section 10(b) hereof.
