Common use of Non Performance of Obligations Clause in Contracts

Non Performance of Obligations. (a) the Borrower fails to pay on its due date, any sum due from the Borrower under this Agreement and/or any of the other Security Documents to which it is a party at the time, in the currency and in the manner stipulated herein and/or any of the other Security Documents to which it is a party, or, in the case of any sum payable on demand, within three (3) Banking Days of such demand; or (b) the Borrower fails to observe and perform any one or more of the covenants, terms or obligations contained in this Agreement and/or any other Security Document to which it is a party relating to the Insurances; or (c) the Borrower commits any breach of or omits to observe any of the covenants, terms, obligations or undertakings under this Agreement and/or any of the other Security Documents to which it is a party (other than failure to pay any sum when due or to comply with any obligation concerning the Insurances) and, in respect of any such breach or omission which in the opinion of the Bank is capable of remedy, such action as the Bank may require shall not have been taken within ten (10) Banking Days of the Bank notifying the Borrower of such required action to remedy the breach or omission; or

Appears in 2 contracts

Samples: Loan Agreement (NewLead Holdings Ltd.), Loan Agreement (NewLead Holdings Ltd.)

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Non Performance of Obligations. (a) the Borrower or any other Security Party fails to pay on its due date, any sum due from the Borrower or, as the case may be such Security Party, under this Agreement and/or any of the other Security Documents to which it is a party at the time, in the currency and in the manner stipulated herein and/or any of the other Security Documents to which it is a partyDocuments, or, in the case of any sum payable on demand, within three (3) Banking Days of such demand; or (b) the Borrower or any other Security Party fails to observe and perform any one or more of the covenants, terms or obligations contained in this Agreement and/or any other Security Document to which it is a party relating to the Insurances; or (c) the Borrower or any other Security Party commits any breach of or omits to observe any of the covenants, terms, obligations or undertakings under this Agreement and/or any of the other Security Documents to which it is a party (other than failure to pay any sum when due or to comply with any obligation concerning the Insurances) and, in respect of any such breach or omission which in the opinion of the Bank is capable of remedy, such action as the Bank may require shall not have been taken within ten (10) Banking Days days of the Bank notifying the Borrower and/or the relevant Security Party of such required action to remedy the breach or omission; or

Appears in 2 contracts

Samples: Loan Agreement (StealthGas Inc.), Loan Agreement (StealthGas Inc.)

Non Performance of Obligations. (a) the Borrower fails Borrowers (or any of them) fail(s) to pay on its due date, any sum due from the Borrower under this Agreement and/or any of the other Security Documents to which it is a party at the time, in the currency and in the manner stipulated herein and/or any of the other Security Documents to which it is a partyDocuments, or, in the case of any sum payable on demand, within three (3) Banking Days of such demand; or (b) the Borrower fails Borrowers (or any of them) fail(s) to observe and perform any one or more of the covenants, terms or obligations contained in this Agreement and the Mortgages and/or any other Security Document to which it is a party relating to the Insurances; or (c) the Borrower commits Borrowers (or any of them) commit(s) any breach of or omits to observe any of the covenants, terms, obligations or undertakings under this Agreement and/or any of the other Security Documents to which it is a party (other than failure to pay any sum when due or to comply with any obligation concerning the Insurances) and, in respect of any such breach or omission which in the opinion of the Bank is capable of remedy, such action as the Bank may require shall not have been taken within ten fourteen (1014) Banking Days of the Bank notifying the Borrower Borrowers of such required action to remedy the breach or omission; or

Appears in 1 contract

Samples: Loan Agreement (Costamare Inc.)

Non Performance of Obligations. (a) the Borrower or any other Security Party fails to pay on its due date, any sum due from the Borrower or, as the case may be such Security Party, under this Agreement and/or any of the other Security Documents to which it is a party at the time, in the currency and in the manner stipulated herein and/or any of the other Security Documents to which it is a partyDocuments, or, in the case of any sum payable on demand, within three five (3) Banking Days of such demand; or (b) the Borrower or any other Security Party fails to observe and perform any one or more of the covenants, terms or obligations contained in this Agreement and/or any other Security Document to which it is a party relating to the Insurances; or (c) the Borrower or any other Security Party commits any breach of or omits to observe any of the covenants, terms, obligations or undertakings under this Agreement and/or any of the other Security Documents to which it is a party (other than failure to pay any sum when due or to comply with any obligation concerning the Insurances) and, in respect of any such breach or omission which in the opinion of the Bank is capable of remedy, such action as the Bank may require shall not have been taken within ten seven (107) Banking Days days of the Bank notifying the Borrower and/or the relevant Security Party of such required action to remedy the breach or omission; or

Appears in 1 contract

Samples: Loan Agreement (NewLead Holdings Ltd.)

Non Performance of Obligations. (a) Any of the Borrower Borrowers or any other Security Party fails to pay on its due date, any sum due from any of the Borrower Borrowers or, as the case may be such Security Party, under this Agreement and/or any of the other Security Documents to which it is a party at the time, in the currency and in the manner stipulated herein and/or any of the other Security Documents to which it is a partyDocuments, or, in the case of any sum payable on demand, within three (3) Banking Days of such demand; or (b) Any of the Borrower Borrowers or any other Security Party fails to observe and perform any one or more of the covenants, terms or obligations contained in this Agreement and/or any other Security Document to which it is a party relating to the Insurances; or (c) Any of the Borrower Borrowers or any other Security Party commits any breach of or omits to observe any of the covenants, terms, obligations or undertakings under this Agreement and/or any of the other Security Documents to which it is a party (other than failure to pay any sum when due or to comply with any obligation concerning the Insurances) and, in respect of any such breach or omission which in the opinion of the Bank is capable of remedy, such action as the Bank may require shall not have been taken within ten five (105) Banking Days days of the Bank notifying the Borrower Borrowers and/or the relevant Security Party of such required action to remedy the breach or omission; or

Appears in 1 contract

Samples: Loan Agreement (FreeSeas Inc.)

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Non Performance of Obligations. (a) the Borrower or any other Security Party fails to pay on its due date, any sum due from the Borrower or, as the case may be such Security Party, under this Agreement and/or any of the other Security Documents to which it is a party at the time, in the currency and in the manner stipulated herein and/or any of the other Security Documents to which it is a partyDocuments, or, in the case of any sum payable on demand, within three (3) Banking Days of such demand; or (b) the Borrower or any other Security Party fails to observe and perform any one or more of the covenants, terms or obligations contained in this Agreement and/or any other Security Document to which it is a party relating to the Insurances; or (c) the Borrower or any other Security Party commits any breach of or omits to observe any of the covenants, terms, obligations or undertakings under this Agreement and/or any of the other Security Documents to which it is a party (other than failure to pay any sum when due or to comply with any obligation concerning the Insurances) and, in respect of any such breach or omission which in the reasonable opinion of the Bank is capable of remedy, such action as the Bank may require shall not have been taken within ten (10) Banking Days days of the Bank notifying the Borrower and/or the relevant Security Party of such required action to remedy the breach or omission; or

Appears in 1 contract

Samples: Credit Agreement (Paragon Shipping Inc.)

Non Performance of Obligations. (a) the Borrower or any other Security Party fails to pay on its due date, any sum due from the Borrower or, as the case may be such Security Party, under this Agreement and/or any of the other Security Documents to which it is a party at the time, in the currency and in the manner stipulated herein and/or any of the other Security Documents to which it is a partyDocuments, or, in the case of any sum payable on demand, within three (3) Banking Days of such demand; or (b) the Borrower or any other Security Party fails to observe and perform any one or more of the covenants, terms or obligations contained in this Agreement and/or any other Security Document to which it is a party relating to the Insurances; or (c) the Borrower or any other Security Party commits any breach of or omits to observe any of the covenants, terms, obligations or undertakings under this Agreement and/or any of the other Security Documents to which it is a party (other than failure to pay any sum when due or to comply with any obligation concerning the Insurances) and, in respect of any such breach or omission which in the opinion of the Bank is capable of remedy, such action as the Bank may require shall not have been taken within ten five (105) Banking Days days of the Bank notifying the Borrower and/or the relevant Security Party of such required action to remedy the breach or omission; or

Appears in 1 contract

Samples: Loan Agreement (FreeSeas Inc.)

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