Common use of Non-Compliance with Other Provisions Clause in Contracts

Non-Compliance with Other Provisions. Except as otherwise provided in this Section 10.1, (i) the Borrower shall fail to perform or observe any covenant or agreement set forth in Section 9.1(e) (if such failure relates to an Advance in an amount equal to or greater than $1,000,000), Section 9.1(q), Section 9.1(y), Section 9.1(dd), Section 9.1(ee), Section 9.1(ff), Section 9.1(gg), Section 9.1(ii), Section 9.1(jj), Section 9.1(kk), Section 9.1(ll), Section 9.2 (other than Section 9.2(c)) or (ii) the Borrower, the Parent, a Seller, Imperial, the Portfolio Administrator or the Guarantor shall fail to perform or observe any other term, covenant or agreement contained in any Transaction Document to which it is party on its part to be performed or observed and any such failure described in this clause (ii) shall remain unremedied for thirty (30) days (or, with respect to a failure to deliver the Calculation Date Report or a failure to comply with any of Section 2.7, Section 9.1(e) (if such failure relates to an Advance in an amount less than $1,000,000), Section 9.1(h), Section 9.1(i), Section 9.1(m), Section 9.1(hh), Section 9.2(c), such failure shall remain unremedied for five (5) Business Days) from the earlier of (i) the date the Borrower receives notice of such failure and (ii) the date the Borrower has actual knowledge thereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Emergent Capital, Inc.), Loan and Security Agreement (Imperial Holdings, Inc.)

AutoNDA by SimpleDocs

Non-Compliance with Other Provisions. Except as otherwise provided in this Section 10.1, (i) the Borrower shall fail to perform or observe any covenant or agreement set forth in Section 9.1(e) (if such failure relates to an Advance in an amount equal to or greater than $1,000,0009.1(n), Section 9.1(q9.1(p), Section 9.1(yXxxxxxx 0.0(x), Section 9.1(ddXxxxxxx 0.0(x), Section 9.1(ee, Xxxxxxx 0.0(xx), Section 9.1(ff), Section 9.1(gg), Section 9.1(ii), Section 9.1(jj), Section 9.1(kk), Section 9.1(ll), or Section 9.2 (other than Section 9.2(c)) or ), (ii) the BorrowerBorrower shall fail to perform or observe any covenant or agreement in Section 9.1(cc), Section 9.1(d)(vii), Section 9.1(dd) or Section 9.1(ee) and any such failure described in this clause (ii) shall remain unremedied for three (3) Business Days, (iii) the ParentBorrower shall fail to perform any covenant or agreement set forth in Section 9.1(ff) and such failure shall remain unremedied for ten (10) days, a Seller, Imperial, or (iv) the Portfolio Administrator Borrower or the Guarantor Parent shall fail to perform or observe any other term, covenant or agreement contained in any Transaction Document to which it is party on its part to be performed or observed and any such failure described in this clause (iiiv) shall remain unremedied for thirty ten (3010) days (or, in the case of a failure to comply with the covenant set forth in Section 9.1(aa) (or, with respect to a failure to deliver the Calculation Date Report or a failure to comply with any of Section 2.7, Section 9.1(b), Section 9.1(e) (if such failure relates to an Advance in an amount less than $1,000,000), Section 9.1(f), Section 9.1(h), Section 9.1(i), Section 9.1(m), Section 9.1(hh), ) or Section 9.2(c), such failure shall remain unremedied for five two (52) Business Days) from the earlier of (i) the date the Borrower receives notice of such failure ). GWG DLP Funding IV, LLC Fifth Amended and (ii) the date the Borrower has actual knowledge thereof.Restated Loan and Security Agreement

Appears in 1 contract

Samples: Loan and Security Agreement (GWG Holdings, Inc.)

Non-Compliance with Other Provisions. Except as otherwise provided in this Section 10.1, (i) the Borrower shall fail to perform or observe any covenant or agreement set forth in Section 9.1(e) (if such failure relates to an Advance in an amount equal to or greater than $1,000,0009.1(n), Section 9.1(q9.1(p), Section 9.1(y), Section 9.1(dd), Section 9.1(ee), Section 9.1(ff), Section 9.1(gg), Section 9.1(ii), Section 9.1(jj), Section 9.1(kk), Section 9.1(ll), 9.1(v) or Section 9.2 (other than Section 9.2(c)) or ), (ii) the BorrowerBorrower shall fail to perform or observe any covenant or agreement in Section 9.1(cc), Section 9.1(d)(vii), Section 9.1(dd) or Section 9.1(ee) and any such failure described in this clause (ii) shall remain unremedied for three (3) Business Days or (iii) the Parent, a Seller, Imperial, the Portfolio Administrator Borrower or the Guarantor Parent shall fail to perform or observe any other term, covenant or agreement contained in any Transaction Document to which it is party on its part to be performed or observed and any such failure described in this clause (iiiii) shall remain unremedied for thirty (30) days (or, with respect to a failure to deliver the Calculation Date Report or a failure to comply with any of Section 2.7, Section 9.1(b), Section 9.1(e) (if such failure relates to an Advance in an amount less than $1,000,000), Section 9.1(f), Section 9.1(h), Section 9.1(i), Section 9.1(m), Section 9.1(hh), ) or Section 9.2(c), such failure shall remain unremedied for five (5) Business Days) from the earlier of (i) the date the Borrower receives notice of such failure and (ii) the date the Borrower has actual knowledge thereof).

Appears in 1 contract

Samples: Loan and Security Agreement (GWG Holdings, Inc.)

Non-Compliance with Other Provisions. Except as otherwise provided in this Section 10.1, (i) the Borrower shall fail to perform or observe any covenant or agreement set forth in Section 9.1(e) (if such failure relates to an Advance in an amount equal to or greater than $1,000,0009.1(n), Section 9.1(q9.1(p), Section 9.1(yXxxxxxx 0.0(x), Section 9.1(ddXxxxxxx 0.0(x), Section 9.1(ee, Xxxxxxx 0.0(xx), Section 9.1(ff), Section 9.1(gg), Section 9.1(ii), Section 9.1(jj), Section 9.1(kk), Section 9.1(ll), or Section 9.2 (other than Section 9.2(c)) or ), (ii) the BorrowerBorrower shall fail to perform or observe any covenant or agreement in Section 9.1(cc), Section 9.1(d)(vii), Section 9.1(dd) or Section 9.1(ee) and any such failure described in this clause (ii) shall remain unremedied for three (3) Business Days, (iii) the ParentBorrower shall fail to perform any covenant or agreement set forth in Section 9.1(ff) and such failure shall remain unremedied for forty-five (45) days), a Seller, Imperial, or (iv) the Portfolio Administrator Borrower or the Guarantor Parent shall fail to perform or observe any other term, covenant or agreement contained in any Transaction Document to which it is party on its part to be performed or observed and any such failure described in this clause (iiiv) shall remain unremedied for thirty (30) days (or, in the case of a failure to comply with the covenant set forth in Section 9.1(aa) (or, with respect to a failure to deliver the Calculation Date Report or a failure to comply with any of Section 2.7, Section 9.1(b), Section 9.1(e) (if such failure relates to an Advance in an amount less than $1,000,000), Section 9.1(f), Section 9.1(h), Section 9.1(i), Section 9.1(m), Section 9.1(hh), ) or Section 9.2(c), such failure shall remain unremedied for five (5) Business Days) from the earlier of (i) the date the Borrower receives notice of such failure and (ii) the date the Borrower has actual knowledge thereof).

Appears in 1 contract

Samples: Loan and Security Agreement (GWG Holdings, Inc.)

Non-Compliance with Other Provisions. Except as otherwise provided in this Section 10.1, (i) the The Borrower shall fail to perform or observe any covenant or agreement set forth in Section 9.1(e) (if such failure relates to an Advance in an amount equal to or greater than $1,000,000), Section 9.1(q), Section 9.1(y), Section 9.1(dd), Loan and Security Agreement Section 9.1(ee), Section 9.1(ff), Section 9.1(gg), Section 9.1(ii), Section 9.1(jj), Section 9.1(kk), Section 9.1(ll), Section 9.2 (other than Section 9.2(c)) or (ii) the BorrowerBorrower or, the ParentAssignor, a Sellerthe Parent Pledgor, Imperial, the Portfolio Administrator Manager or the Guarantor Servicer shall fail to perform or observe any other term, covenant or agreement contained in any Transaction Document to which it is party on its part to be performed or observed and any such failure described in this clause (ii) shall remain unremedied for thirty (30) days (or, with respect to a failure to deliver the Calculation Date Report or a failure to comply with any of Section 2.7, Section 9.1(e) (if such failure relates to an Advance in an amount less than $1,000,000), Section 9.1(h), Section 9.1(i), Section 9.1(m), Section 9.1(hh), Section 9.2(c), such failure shall remain unremedied for five (5) Business Days) from the earlier of (i) the date the Borrower receives notice of such failure and (ii) the date the Borrower has actual knowledge thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Imperial Holdings, Inc.)

AutoNDA by SimpleDocs

Non-Compliance with Other Provisions. Except as otherwise provided in this Section 10.1, (i) the Borrower shall fail to perform or observe any covenant or agreement set forth in Section 9.1(e) (if such failure relates to an Advance in an amount equal to or greater than $1,000,0009.1(n), Section 9.1(q9.1(p), Section 9.1(y), Section 9.1(dd), Section 9.1(ee), Section 9.1(ff), Section 9.1(gg), Section 9.1(ii), Section 9.1(jj), Section 9.1(kk), Section 9.1(ll), 9.1(v) or Section 9.2 (other than Section 9.2(c)) or ), (ii) the BorrowerBorrower shall fail to perform or observe any covenant or agreement in Section 9.1(cc), Section 9.1(d)(vii), Section 9.1(dd) or Section 9.1(ee) and any such failure described in this clause (ii) shall remain unremedied for three (3) Business Days or (iii) the Parent, a Seller, Imperial, the Portfolio Administrator Borrower or the Guarantor Parent shall fail to perform or observe any other term, covenant or agreement contained in any Transaction Document to which it is party on its part to be performed or observed and any such failure described in this clause (iiiii) shall remain unremedied for thirty (30) days (or, with respect to a failure to deliver the Calculation Date Report or a failure to comply with any of Section 2.7, Section 9.1(b), Section 9.1(e) (if such failure relates to an Advance in an amount less than $1,000,000), Section 9.1(f), Section 9.1(h), Section 9.1(i), Section 9.1(m), Section 9.1(hh), ) or Section 9.2(c), such failure shall remain unremedied for five (5) Business Days) from the earlier ). GWG DLP Funding IV, LLC Amended and Restated Loan and Security AgreementPage 54 of (i) the date the Borrower receives notice of such failure and (ii) the date the Borrower has actual knowledge thereof.68

Appears in 1 contract

Samples: Loan and Security Agreement (GWG Holdings, Inc.)

Non-Compliance with Other Provisions. Except as otherwise provided in this Section 10.1, (i) the The Borrower shall fail to perform or observe any covenant or agreement set forth in Section 9.1(e) (if such failure relates to an Advance in an amount equal to or greater than $1,000,000), Section 9.1(q), Section 9.1(y), Section 9.1(dd), Section 9.1(ee), Section 9.1(ff), Section 9.1(gg), Section 9.1(ii), Section 9.1(jj), Section 9.1(kk), Section 9.1(ll), Section 9.2 (other than Section 9.2(c)) or (ii) the Borrower, the ParentAssignor, the Predecessor Parent Pledgor, a SellerParent Pledgor, Imperial, the Initial Portfolio Administrator Manager, the Portfolio Manager, the Initial Servicer, the Guarantor or the Guarantor Servicer shall fail to perform or observe any other term, covenant or agreement contained in any Transaction Document to which it is party on its part to be performed or observed and any such failure described in this clause (ii) shall remain unremedied for thirty (30) days (or, with respect to a failure to deliver the Calculation Date Report or a failure to comply with any of Section 2.7, Section 9.1(e) (if such failure relates to an Advance in an amount less than $1,000,000), Section 9.1(h), Section 9.1(i), Section 9.1(m), Section 9.1(hh), Section 9.2(c), such failure shall remain unremedied for five (5) Business Days) from the earlier of (i) the date the Borrower receives notice of such failure and (ii) the date the Borrower has actual knowledge thereof.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Imperial Holdings, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.