Common use of Failure to Perform Covenant or Liability (No Grace Period Clause in Contracts

Failure to Perform Covenant or Liability (No Grace Period. The failure by the Borrowers 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: Section Relates to : ------------------------------------------ 4.3(b) Notice of Name Change 4.6 Location of Collateral 4.7 Title to Assets 4.8 Indebtedness 4.10 Insurance Policies 4.15 Pay taxes 4.20 Dividends, Investments, Repurchases and Debt Retirement

Failure to Perform Covenant or Liability (No Grace Period. The failure by the Borrowers Borrower to promptly, punctually, faithfully and timely perform, discharge, or comply with any covenant or Liability not otherwise described in Section 10.1 section 10-1 or Section 10.2 hereofsection 10-2, above, and included in any of the following provisions hereof: Section Relates to to: ------------------------------------------ 4.3(b) Notice of Name Change 4.6 5-4 Location of Collateral 4.7 5-5 Title to Assets 4.8 5-6 Indebtedness 4.10 5-7 Insurance Policies 4.15 5-12 Pay taxes 4.20 Dividends, Investments, Repurchases Taxes 5-21 Affiliate Transactions Article 7 Cash Management Article 9 Financial Reporting Requirements and Debt RetirementFinancial and Inventory Covenants set forth in Exhibit 9-12(a)

Failure to Perform Covenant or Liability (No Grace Period. The failure by the Borrowers Borrower to promptly, punctually, faithfully and timely perform, discharge, or comply with any covenant or Liability not otherwise described in Section 10.1 9-1 or Section 10.2 9-2 hereof, and included in any of the following provisions hereof: Section Relates to : ------------------------------------------ 4.3(b) Notice of Name Change 4.6 -------------------------------------------------- 4-2 Due Organization 4-4 Location of Collateral 4.7 4-5 Title to Assets 4.8 4-6 Indebtedness 4.10 4-7 Insurance Policies 4.15 4-9(b) Real Estate 4-11(d) Asset Sales 4-12 Pay taxes 4.20 4-17 Dividends, Investments, Repurchases and Debt RetirementMergers

Failure to Perform Covenant or Liability (No Grace Period. The failure by the Borrowers Borrower to promptly, punctually, faithfully and timely perform, discharge, or comply with any covenant or Liability not otherwise described in Section 10.1 section 10-1 or Section 10.2 hereofsection 10-2, above, and included in any of the following provisions hereof: Section Relates to to: ------------------------------------------ 4.3(b) Notice of Name Change 4.6 5-4 Location of Collateral 4.7 5-5 Title to Assets 4.8 5-6 Indebtedness 4.10 5-7 Insurance Policies 4.15 5-12 Pay taxes 4.20 Dividends, Investments, Repurchases Taxes 5-21 Affiliate Transactions 5-23 Additional Assurances Article 7 Cash Management Article 9 Financial Reporting Requirements and Debt RetirementOfficer's Certificates

Failure to Perform Covenant or Liability (No Grace Period. The failure by the Borrowers to promptly, punctually, faithfully and timely perform, discharge, or comply with any covenant or Liability not otherwise described in Section 10.1 section 10-1 or Section 10.2 hereofsection 10-2, above, and included in any of the following provisions hereof: Section Relates to to: ------------------------------------------ 4.3(b) Notice of Name Change 4.6 5-4 Location of Collateral 4.7 5-5 Title to Assets 4.8 5-6 Indebtedness 4.10 5-7 Insurance Policies 4.15 5-12 Pay taxes 4.20 Dividends, Investments, Repurchases and Debt RetirementTaxes 5-21 Affiliate Transactions 5-23 Additional Assurances Article 7 Cash Management