FAILURE TO PERFORM COVENANT OR LIABILITY. (NO GRACE PERIOD). The failure by any Loan Party to promptly, punctually, faithfully and timely perform, discharge, or comply with any covenant or Liability not otherwise described in Section 10.1 or Section 10.2 hereof, and included in any of the following provisions hereof: 4.2(c) State of Organization, State Identification Number and Taxpayer Identification Number 4.3(b) Notice of Name Change
FAILURE TO PERFORM COVENANT OR LIABILITY. (NO GRACE PERIOD). The failure by the Borrower to promptly, punctually, faithfully and timely perform, discharge, or comply with any covenant or Liability not otherwise described in Section 10-1 or Section 10-2 hereof, and included in any of the following provisions hereof:
FAILURE TO PERFORM COVENANT OR LIABILITY. (Grace Period). The failure by the Borrower, upon fifteen (15) Business Days written notice by the Agent, to cure the Borrower's failure to promptly, punctually and faithfully perform, discharge, or comply with any covenant or Liability not described in any of Sections 10-1, 10-2, or 10-3 hereof.
FAILURE TO PERFORM COVENANT OR LIABILITY. (Grace Period). The failure by the Loan Parties to promptly, punctually and faithfully perform, discharge, or comply with any covenant hereunder or under any other Loan Document or with any Liability not described in any of Sections 10-1, 10-2, 10-3 or 10-4 hereof, in each instance within fifteen (15) days after the date on which such covenant was to have been performed, discharged, or complied with.
FAILURE TO PERFORM COVENANT OR LIABILITY. (NO GRACE PERIOD). The failure by any Loan Party to promptly, punctually, faithfully and timely perform, discharge, or comply with any covenant or Liability included in any of the following provisions hereof: Section Relates to: ------- ----------- 5.6 Indebtedness 5.12 Pay taxes 5.16 Dividends. Investments. Other Corporate Actions 5.17 Loans and Advances 5.18 Affiliate Transactions 5.26 Parent's Line of Business Article 6 Reporting Requirements (except as set forth in Section 11.4, below) Article 8 Cash Management
FAILURE TO PERFORM COVENANT OR LIABILITY. (Grace Period). The failure by the Borrower to promptly, punctually and faithfully perform, or observe any term, covenant or agreement on its part to be performed or observed pursuant to any of the provisions of this Agreement, other than those described in Sections 10.1, 10.2 or 10.3, or in any other agreement with Lender which is not remedied within the earlier of ten (10) days after (i) notice thereof by Lender to Borrower, or (ii) the date Borrower was required to give notice to Lender pursuant to Section 9.3(a)(vi) hereof.
FAILURE TO PERFORM COVENANT OR LIABILITY. (No Grace Period). The failure by any of the Borrowers to promptly, punctually, faithfully and timely perform, discharge, or comply with any covenant or Liability not otherwise described in section 11-1 or section 11-2, above, and included in any of the following provisions hereof: Section Relates to : -------------------------------------------------- 5-4 Location of Collateral 5-7(a) Title to Assets 5-8 Indebtedness 5-9 Insurance Policies 5-14 Pay taxes 5-23 Affiliate Transactions 6-12 Financial Performance Covenants Article 8 Cash Management(1)
FAILURE TO PERFORM COVENANT OR LIABILITY. (GRACE PERIOD). The failure by any Borrower, within ten (10) days following the earlier of such Borrower's knowledge of a breach of any covenant or Liability not described in any of Sections 10.1, 10.2, or 10.3 or of its receipt of written notice from the Agent of the breach of any of such covenants or Liabilities to perform, discharge or comply with any such covenants or Liabilities.
FAILURE TO PERFORM COVENANT OR LIABILITY. (GRACE PERIOD).
(a) The failure of the Borrower to promptly, punctually and timely perform, discharge or comply with the relevant covenant or Liability, following the expiry of the applicable grace period specified in the chart below:
FAILURE TO PERFORM COVENANT OR LIABILITY. Except for payment defaults ---------------------------------------- as set forth in Section 6.1, the failure by Borrower to promptly, punctually, faithfully and timely to perform or discharge, or to comply with, any covenant to or with Lender or any Liability, provided, however, that such failure or breach is not cured within twenty (20) days from date of notice given by Lender in the manner provided in Section 9.15; provided, further, that (a) no further notice shall be required from Lender if Borrower has delivered to Lender a certificate in which the breach or default is disclosed or is otherwise aware of the breach or default as a result of written notices sent or received by Borrower, and (b) the cure period under this Section 6.2 shall be interpreted to run concurrently and not consecutively with Section 9.2(e) of the Purchase Agreement.
