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.
Appears in 7 contracts
Samples: Common Stock Purchase Warrant (Northstar Realty), Common Stock Purchase Warrant (Arbor Realty Trust Inc), Common Stock Purchase Warrant (Arbor Realty Trust Inc)
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 10 days from the earlier to occur of (iA) written notice from the Holder specifying what failure has occurred, or requesting that a specified failure be remedied or (iiB) the chief executive officer, treasurer or president of 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.
Appears in 5 contracts
Samples: Credit Agreement (Syncardia Systems Inc), Securities Purchase Agreement (Cipher Pharmaceuticals Inc), Credit Agreement (Verenium Corp)
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 30 days from the earlier to occur of (iA) written notice from the Holder specifying what failure has occurred, or requesting that a specified failure be remedied or (iiB) an executive officer of 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.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Railworks Corp), Common Stock Purchase Warrant (Access Worldwide Communications Inc), Common Stock Purchase Warrant (Bell Sports Corp)
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 30 days from the earlier to occur of (iA) written notice from the Holder specifying what failure has occurred, or requesting that a specified failure be remedied or (iiB) an executive officer of 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.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Parent Co), Common Stock Purchase Warrant (Parent Co), Common Stock Purchase Warrant (Parent Co)
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 and such failure is not remedied by the Company or waived by the Holder within twenty (20) calendar 30 days from after receipt by the earlier to occur Company 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.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Ruths Chris Steak House, Inc.), Common Stock Purchase Warrant (Ruths Chris Steak House, Inc.), Common Stock Purchase Warrant (Ruths Chris Steak House, Inc.)
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 ten (2010) calendar days from the earlier to occur of (ia) written notice from the Holder specifying what failure has occurred, or requesting that a specified failure be remedied or (iib) the chief executive officer, treasurer or president of the Company becoming aware having actual knowledge (without investigation) of such failure (an “Event of Non-Compliance”), the Holder shall be entitled to the remedies set forth in subsection (b) Section 9.2 hereof.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Universal Biosensors Inc), Common Stock Purchase Warrant (Universal Biosensors Inc)
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 30 days from the earlier to occur of (iA) written notice from the Holder specifying what failure has occurred, or requesting that a specified failure be remedied or (iiB) an executive officer of the Company becoming aware of such failure (an “Event of Non"EVENT OF NON-Compliance”COMPLIANCE"), the Holder shall be entitled to the remedies set forth in subsection (b) hereof.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Digitalnet Holdings Inc)
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 30 days from the earlier to occur of (iA) written notice from the Holder specifying what failure has occurred, or requesting that a specified failure be remedied or (iiB) the chief executive officer, treasurer or president of 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.
Appears in 1 contract
Events of Non-Compliance. If the Company fails to keep and fully and promptly perform and observe in all any material respects respect any of the terms, covenants or representations contained or referenced herein within twenty thirty (2030) 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) an executive officer of 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.
Appears in 1 contract