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
Appears in 5 contracts
Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co)
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.
Appears in 4 contracts
Samples: Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)
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.
Appears in 4 contracts
Samples: Amendment Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)
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.
Appears in 4 contracts
Samples: Borrower Copyright Security Agreement (Surebeam Corp), Borrower Copyright Security Agreement (Titan Corp), Borrower Copyright Security Agreement (Surebeam Corp)
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.
Appears in 4 contracts
Samples: Credit Agreement (Ferro Corp), Original Extended (Ferro Corp), Credit Agreement (Ferro Corp)
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.
Appears in 3 contracts
Samples: Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp)
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.
Appears in 3 contracts
Samples: Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc)
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.
Appears in 3 contracts
Samples: Credit Agreement (Midwest Generation LLC), Credit Agreement (Midwest Generation LLC), Credit Agreement (Midwest Generation LLC)
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.
Appears in 2 contracts
Samples: Credit Agreement (Mitel Networks Corp), Credit Agreement (Mitel Networks Corp)
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.
Appears in 2 contracts
Samples: Facility Lease Agreement (Edison Mission Energy), Facility Lease Agreement (Edison Mission Energy)
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.
Appears in 2 contracts
Samples: Credit Agreement (Global Power Equipment Group Inc/), Credit Agreement (Global Power Equipment Group Inc/)
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.
Appears in 2 contracts
Samples: Credit Agreement (Simpson Industries Inc), Credit Agreement (Simpson Industries Inc)
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.
Appears in 2 contracts
Samples: Credit Agreement (Adt Limited), Credit Agreement (Adt Limited)
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;
Appears in 2 contracts
Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Guarantee and Collateral Agreement (SWIFT TRANSPORTATION Co)
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.
Appears in 2 contracts
Samples: Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)
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.
Appears in 2 contracts
Samples: Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc)
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.
Appears in 2 contracts
Samples: Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Holdings Corp.)
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
Appears in 2 contracts
Samples: Credit Agreement (National Energy Group Inc), Credit Agreement (American Real Estate Holdings L P)
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.
Appears in 2 contracts
Samples: Credit Agreement (Bergen Brunswig Corp), Credit Agreement (Bergen Brunswig Corp)
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.
Appears in 2 contracts
Samples: Credit Agreement (Swift Transportation Co Inc), Credit Agreement (Swift Transportation Co Inc)
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.
Appears in 2 contracts
Samples: Credit Agreement (KSL Recreation Group Inc), Credit Agreement (KSL Recreation Group Inc)
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.
Appears in 2 contracts
Samples: Credit Agreement (Kerzner International Employment Services LTD), Credit Agreement (Kerzner International LTD)
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
Appears in 1 contract
Samples: Handy & Harman
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Dura Automotive Systems Inc)
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.
Appears in 1 contract
Samples: Credit Agreement (Regal Cinemas Inc)
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.
Appears in 1 contract
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. ---------------- ---
Appears in 1 contract
Samples: Execution Copy Credit Agreement (Edison Mission Energy)
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.
Appears in 1 contract
Samples: Credit Agreement (Cencom Cable Income Partners Ii L P)
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.
Appears in 1 contract
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.
Appears in 1 contract
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
Appears in 1 contract
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
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Credit Agreement (Budget Group Inc)
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
Appears in 1 contract
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.
Appears in 1 contract
Samples: Credit Agreement (Pasta Group L L C)
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.
Appears in 1 contract
Samples: Credit Agreement (Medaphis Corp)
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.
Appears in 1 contract
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.
Appears in 1 contract
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
Appears in 1 contract
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.
Appears in 1 contract
Samples: Credit Agreement (LEAF Equipment Leasing Income Fund III, L.P.)
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Security Agreement (Us Automotive Manufacturing Inc)
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
Appears in 1 contract
Samples: Credit Agreement (United Surgical Partners International Inc)