Common use of FAILURE TO PERFORM COVENANT OR LIABILITY Clause in Contracts

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.

Appears in 1 contract

Samples: Loan and Security Agreement (Factory Card Outlet Corp)

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FAILURE TO PERFORM COVENANT OR LIABILITY. (Grace Period). The failure by the Borrower, upon fifteen , within Twenty (1520) Business Days days of the sooner of (i) the Borrower's knowledge of the subject failure or (ii) the Administrative Agent's written notice by to the AgentBorrower, 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 1011-1, 1011-2, 2 or 1011-3 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Baker J Inc)

FAILURE TO PERFORM COVENANT OR LIABILITY. (Grace Period). The failure by the Borrower, upon fifteen Fifteen (15) Business Days days written notice by the AgentLender , 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 109-1, 109-2, or 109-3 hereof.

Appears in 1 contract

Samples: Factory Card Outlet Corp

FAILURE TO PERFORM COVENANT OR LIABILITY. (Limited Grace Period). The failure by the Borrower, upon fifteen three (153) Business Days days written notice by the AgentLender, to cure the Borrower's ’s failure to promptly, punctually and faithfully perform, discharge, or comply with any covenant or Liability not described in any of under Sections 104-113, 104-222, or 104-3 23, and Article 5 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Aeropostale Inc)

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FAILURE TO PERFORM COVENANT OR LIABILITY. (Grace Period). The failure by the Borrower, upon fifteen (15) Business Days days written notice by the AgentLender, to cure the Borrower's ’s failure 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 10-3 4 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Aeropostale Inc)

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