Common use of Non-Performance of Certain Covenants and Obligations Clause in Contracts

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, Section 6.11 or Article VII; or

Non-Performance of Certain Covenants and Obligations. The Any Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, 7.1.9 or Section 6.11 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, 7.1.9 or Section 6.11 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a)Section 7.1, Section 7.8, Section 7.9 or Article VIII or any Obligor shall default in the due performance or observance of its obligations under (i) Articles III or IV of the Subsidiary Guaranty, (b)ii) Articles III or IV of a Security Agreement, or (ciii) and (e), Section 6.07, Section 6.11 Articles III or Article VII; orIV of a Pledge Agreement.

Non-Performance of Certain Covenants and Obligations. The Borrower Borrowers shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (e)Section 7.1.1, Section 6.077.1.7, Section 6.11 7.1.9 or Article VII; orSection 7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a)Section 7.1, Section 7.8 or Article VIII or any Obligor shall default in the due performance or observance of its obligations under (i) Article III or IV of the Subsidiary Guaranty, (b)ii) Article III or IV of a Security Agreement, or (ciii) and (e), Section 6.07, Section 6.11 Article III or Article VII; orIV of a Pledge Agreement.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, Section 6.11 7.2.4 or Article VII; or7.2.8.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(aSection 7.1.1(f)(i), 7.1.2, 7.1.5 (bsolely with respect to the Mortgaged Facilities), (c) and (e), Section 6.07, Section 6.11 7.1.9 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Any Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a)clause (d) of Section 7.1.1 or Section 7.1.7, Section 7.2 or Article X or (b), (c) and (e), Section 6.07, Section 6.11 any Obligor shall default in the due performance or Article VII; orobservance of its material obligations under any Guaranty or Security Agreement to which it is a party.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Section 7.2 (other than Sections 6.01(a7.2.3 and 7.2.6), (b), (c) and (e), Section 6.07, Section 6.11 or Article VII; or.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(aSection 7.1.1(e), (b), (c7.1.2(a)(i) and (e), Section 6.07, Section 6.11 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Any Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, Section 6.11 8.1.2 or Article VII; or8.2.

Non-Performance of Certain Covenants and Obligations. (a) The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a)8.2.2 and 8.2.3 or, with respect to the Borrower, clause (b), (ca) and (e), of Section 6.07, Section 6.11 or Article VII; or8.1.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, Section 6.11 or Article VII; or;

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (eSection 7.1.1(d), Section 6.077.1.6, Section 6.11 7.1.11 or Article VII; orSection 7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, Section 6.11 7.1.1 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(aclauses (a), (b), (c) and ), (e), and (f) of Section 6.077.1.1, Section 6.11 7.1.7, Section 7.1.12, Section 7.1.16 [Amendment No. 2, Section 2.25] or Section 7.2, or Holdings shall default in the due performance or observance of any of its obligations under Article VII; orX of this Agreement.

Non-Performance of Certain Covenants and Obligations. (a) The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, Section 6.11 or Article VII7.2; or

Non-Performance of Certain Covenants and Obligations. The Any Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a)Section 4.11, (b), (c7.1.1(d) and (e), Section 6.07, Section 6.11 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(aclauses (a), (b), (c) and ), (e), and (f) of Section 6.077.1.1, Section 6.11 7.1.7, Section 7.1.12 or Section 7.2, or Holdings shall default in the due performance or observance of any of its obligations under Article VII; orX of this Agreement.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a)CLAUSE (d) or (f) of SECTION 7.1.1, (b), (c) and (e), SECTION 7.1.8 or SECTION 7.2 or Section 6.07, Section 6.11 or Article VII; or8 of the Pledge Agreement.

Non-Performance of Certain Covenants and Obligations. The Any Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a)7.1.1, (b)7.1.4, (c) and (e)7.1.6, Section 6.07, Section 6.11 7.1.7 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. (a) The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(aSection 7.1.6 or Section 7.2 (other than clause (a) of Section 7.2.4), (b), (c) and (e), Section 6.07, Section 6.11 or Article VII; or

Non-Performance of Certain Covenants and Obligations. The Any Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (e)Section 7.1.27, Section 6.079.1.7, Section 6.11 9.1.8, Section 9.1.9 or Article VII; orSection 9.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, 5.1.6 or Section 6.11 or Article VII; or5.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(aSection 7.1.1(a), (b), ) or (c) and (e), or Section 6.07, Section 6.11 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), x) clause (cd) and or (e), f) of Section 6.07, 7.1.1 or Section 6.11 7.2 or Article VII; or(y) Section 8 of the Pledge Agreement.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (eSection 7.1.1(d), Section 6.077.1.6, Section 6.11 7.1.11 (if in effect) or Article VII; orSection 7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (cSection 8.1.1(f) and (e), Section 6.07, Section 6.11 or Article VII; or8.2. ---------------- ---

Non-Performance of Certain Covenants and Obligations. The Any Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, 7.1.1 or Section 6.11 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a)7.1.1, (b)7.1.7, (c) and (e), Section 6.07, Section 6.11 7.1.8 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Any Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a)clause (d) of Section 7.1.1, Section 7.1.2 (solely with respect to the existence of each Borrower) or Section 7.1.7, Section 7.2 or Article X or (b), ) any Obligor shall default in the due performance or observance of its material obligations under any Guaranty or Security Agreement to which it is a party (c) and (e), other than any such obligations expressly described in Section 6.07, 8.1.1 or Section 6.11 or Article VII; or8.1.2 above.

Non-Performance of Certain Covenants and Obligations. The Borrower or any other Obligor shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and clause (e)) of Section 7.1.1, or Section 6.07, Section 6.11 4.10 or Article VII; or7.2. SECTION 8.1.4

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under clause (f) of Section 7.1.1, Sections 6.01(a)7.1.9, (b)7.1.10, (c) and (e)7.1.11, the first sentence of 7.1.12 or Section 6.07, Section 6.11 or Article VII; or7.2. -97- 106

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (e)Section 3.1.2, Section 6.07, 8.1 (other than 8.1.2 and 8.1.6) or Section 6.11 or Article VII; or8.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(aSection 8.2 or Section 8.1.1, 8.1.2 (except to the extent such Section relates to a Non-Material Subsidiary), (b)8.1.8, (c) and (e), Section 6.07, Section 6.11 or Article VII; or8.1.9.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (e)Section 7.1.1, Section 6.07, 7.1.9 or Section 6.11 7.2 or any Obligor shall default in the due performance or observance of its obligations under Article III or Article VII; orIV of a

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (eSection 7.1.1(d), Section 6.07, 7.1.9 or Section 6.11 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), clause (b), d) or (ci) and (e)of Section 7.1.1, Section 6.07, 7.1.9 or Section 6.11 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (e)Article VII, Section 6.078.1, Section 6.11 8.7, Section 8.11 or Article VII; orX.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under clause (f) of Section 7.1.1, Sections 6.01(a)7.1.9, (b)7.1.10, (c) and (e)7.1.11, the first sentence of 7.1.12 or Section 6.07, Section 6.11 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. (a) The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, 7.2 or Section 6.11 or Article VII7.1.11; or

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (e)Article VII, Section 6.078.1, Section 6.11 8.7, Section 8.11, Article IX, or Article VII; orX.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), clause (b), d) or (cf) and (e)of Section 7.1.1, Section 6.07, 7.1.8 or Section 6.11 7.2 or Article VII; orSection 8 of the Pledge Agreement.

Non-Performance of Certain Covenants and Obligations. The Any Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and (e)Section 7.1.1, Section 6.07, 7.1.9 or Section 6.11 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Borrower shall default in the due performance or and observance of any of its obligations under Sections 6.01(a), (b), (c) and clause (e) of Section 7.1.1 or Sections 7.1.9, 7.1.10 or 7.2 (other than Section 7.2.1), Section 6.07, Section 6.11 or Article VII; or.

Non-Performance of Certain Covenants and Obligations. The Borrower Borrowers shall default in the due performance or and observance of any of its their obligations under Sections 6.01(a), (b), (c) and clause (e)) of Section 7.1.1, Section 6.07or Sections 4.10, Section 6.11 7.1.9, 7.1.10 or Article VII; or7.2.

Non-Performance of Certain Covenants and Obligations. The Either Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, Section 6.11 or Article VII; or8.1.1