Common use of Failure to Observe Covenants Clause in Contracts

Failure to Observe Covenants. If Borrower fails to perform or observe any term, covenant, warranty or agreement contained in this Agreement or in the other Loan Documents and such failure shall continue for a period of thirty (30) days after written notice of such failure has been given to Borrower by Lender; provided, however, if such default is not in the payment of any sum due to Lender hereunder, or was not the subject of an Event of Default for which notice was previously provided, and provided Borrower is diligently pursuing the cure of such default, then Borrower shall have an additional sixty (60) days within which to cure such default prior to Lender exercising any right or remedy available hereunder, at law or in equity;

Appears in 3 contracts

Samples: Loan Agreement (Comstock Holding Companies, Inc.), Loan Agreement (Comstock Holding Companies, Inc.), Loan Agreement (Comstock Homebuilding Companies, Inc.)

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Failure to Observe Covenants. If the Borrower fails to perform or observe any non-monetary term, covenant, warranty or agreement contained in this Agreement or in the other Loan Documents for which no cure period or another cure period is provided, and such failure shall continue for a period of thirty (30) days after written notice of such failure has been given to the Borrower by the Lender; provided, however, if such default is not in the payment of any sum due to the Lender hereunder, or was not the subject of an Event of Default for which notice was previously provided, and provided the Borrower is diligently pursuing the cure of such defaultdefault , then the Borrower shall have an additional sixty (60) days within which to cure such default prior to the Lender exercising any right or remedy available hereunder, or at law or in equity;.

Appears in 3 contracts

Samples: Loan Agreement (Comstock Holding Companies, Inc.), Loan Agreement (Comstock Holding Companies, Inc.), Loan Agreement (Comstock Holding Companies, Inc.)

Failure to Observe Covenants. If the Borrower fails to perform or observe any term, covenant, warranty or agreement contained in this Agreement or in the other Loan Documents and such failure shall continue for a period of thirty (30) days after written notice of such failure has been given to the Borrower by the Lender; provided, however, if such default is not in the payment of any sum due to the Lender hereunder, or was not the subject of an Event of Default for which notice was previously provided, and provided the Borrower is diligently pursuing the cure of such defaultdefault , then the Borrower shall have an additional sixty (60) days within which to cure such default prior to the Lender exercising any right or remedy available hereunder, or at law or in equity;.

Appears in 3 contracts

Samples: Building Loan Agreement (Comstock Holding Companies, Inc.), Loan Agreement (Comstock Holding Companies, Inc.), Loan Agreement (Comstock Holding Companies, Inc.)

Failure to Observe Covenants. If the Borrower fails to perform or observe any non-monetary term, covenant, warranty or agreement contained in this Agreement or in the other Loan Documents for which no cure period or another cure period is provided, and such failure shall continue for a period of thirty (30) days after written notice of such failure has been given to the Borrower by the Lender; provided, however, if such default is not in the payment of any sum due to the Lender hereunder, or was not the subject of an Event of Default for which notice was previously provided, and provided the Borrower is diligently pursuing the cure of such default, then the Borrower shall have an additional sixty (60) days within which to cure such default prior to the Lender exercising any right or remedy available hereunder, or at law or in equity;.

Appears in 2 contracts

Samples: Loan Agreement (Comstock Holding Companies, Inc.), Loan Agreement (Comstock Holding Companies, Inc.)

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Failure to Observe Covenants. If Except as otherwise expressly provided in this Agreement or in the other Loan Documents, if Borrower fails to perform or observe any term, covenant, warranty or agreement contained in this Agreement or in the other Loan Documents and such failure shall continue for a period of thirty (30) days after written notice of such failure has been given to Borrower by Lender; provided, however, if such default is not in the payment of any sum due to Lender hereunder, or was not the subject of an Event of Default for which notice was previously providedprovided during the preceding six (6) months, and provided Borrower is diligently pursuing the cure of such default, then Borrower shall have an additional sixty thirty (6030) days within which to cure such default prior to Lender exercising any right or remedy available hereunder, at law or in equity;

Appears in 1 contract

Samples: Loan Agreement (FRP Holdings, Inc.)

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