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

Non-Performance of Other Covenants and Obligations. Borrower or any other Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to Borrower by the Administrative Agent or the Required Lenders.

Appears in 7 contracts

Samples: Credit Agreement (APA Corp), Credit Agreement (Apache Corp), Credit Agreement (APA Corp)

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Non-Performance of Other Covenants and Obligations. Borrower or any other Loan Any Credit Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent or the Required Lendersany Lender.

Appears in 6 contracts

Samples: Credit Agreement (Novamed Inc), Credit Agreement (Novamed Inc), Credit Agreement (Novamed Inc)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other agreement obligation contained herein or in any Loan Document executed by it (other Loan Documentthan as specified in Sections 10.01(a) through (c)), and such default shall continue unremedied for a period of 30 days thirty (30) Business Days after earlier of (1) receipt by the Borrower of notice thereof shall have been given to Borrower by from the Administrative Agent of such default and (2) actual knowledge of the Borrower or the Required Lendersany other Loan Party of such default.

Appears in 5 contracts

Samples: Loan Agreement (Mimedx Group, Inc.), Loan Agreement (Mimedx Group, Inc.), Loan Agreement (Mimedx Group, Inc.)

Non-Performance of Other Covenants and Obligations. Borrower or any other Loan Any Credit Party shall default in the due performance and observance of any other agreement (other than Section 7.2.4(d)) contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent or the Required Lendersany Lender.

Appears in 5 contracts

Samples: Credit Agreement (Novamed Inc), Pledge Agreement (Novamed Inc), Credit Agreement (Novamed Inc)

Non-Performance of Other Covenants and Obligations. Borrower or any other Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to Borrower by the Global Administrative Agent or the Required Lenders.

Appears in 5 contracts

Samples: Credit Agreement (Apache Corp), Credit Agreement (Apache Corp), Credit Agreement (Apache Corp)

Non-Performance of Other Covenants and Obligations. The Borrower or any other Loan Party Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Term Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative any Agent, the Collateral Agent or the Required Lendersany Term Loan Lender.

Appears in 4 contracts

Samples: Term Loan Agreement (Specialty Foods Corp), Term Loan Agreement (Specialty Foods Acquisition Corp), Term Loan Agreement (Specialty Foods Acquisition Corp)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to Borrower by the Global Administrative Agent or the Required Lenders.

Appears in 4 contracts

Samples: Credit Agreement (Storm Cat Energy CORP), Credit Agreement (Storm Cat Energy CORP), Credit Agreement (Forest Oil Corp)

Non-Performance of Other Covenants and Obligations. Borrower The Borrower, any of its Subsidiaries, EMMT or any other Loan Midwest Related Party shall default in the due performance and observance of any other covenant or agreement contained herein or in any other Loan DocumentDocument to which it is a party, and such default shall continue unremedied for a period of 30 thirty (30) days after written notice thereof shall have been given to the Borrower by the Administrative Agent or the Required LendersAgent.

Appears in 4 contracts

Samples: Credit Agreement (Midwest Generation LLC), Credit Agreement (Midwest Generation LLC), Credit Agreement (Midwest Generation LLC)

Non-Performance of Other Covenants and Obligations. Either Borrower or any other Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument (other than items covered by Sections 8.1.1 or 8.1.3), and such default shall continue unremedied for a period of 30 days after the earlier of (a) any officer of the Borrowers or any other Loan Party having knowledge thereof or (b) notice thereof shall have having been given to any Borrower by the Administrative Agent or the Required Lendersother Loan Party.

Appears in 4 contracts

Samples: Credit Agreement (CatchMark Timber Trust, Inc.), Credit Agreement (Wells Timberland REIT, Inc.), Credit Agreement (Wells Timberland REIT, Inc.)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to Borrower by the Administrative Agent or the Required Majority Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Lone Pine Resources Inc.), Credit Agreement (Lone Pine Resources Inc.), Credit Agreement (Forest Oil Corp)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other agreement obligation contained herein or in any Loan Document executed by it (other Loan Documentthan as specified in Sections 10.01(a) through (d) above), and such default shall continue unremedied for a period of 30 thirty (30) days after notice thereof shall have been given to Borrower by the Administrative Agent or the Required Lendersoccurrence thereof.

Appears in 3 contracts

Samples: Loan Agreement (Spark Networks SE), Loan Agreement (Spark Networks SE), Loan Agreement (Spark Networks SE)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other covenant, obligation or agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 thirty (30) days after the earlier to occur of (i) notice thereof shall have been given to the Borrower by the Administrative Agent Lender or (ii) the Required Lendersdate on which any such Loan Party has knowledge of such default.

Appears in 3 contracts

Samples: Loan Agreement (SoftBank Group Capital LTD), Loan Agreement (SoftBank Group Capital LTD), Loan Agreement (SoftBank Group Capital LTD)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument (other than items covered by Sections 9.1.1 or 9.1.3), and such default shall continue unremedied for a period of 30 days after the earlier of (x) notice thereof shall have been given to Borrower by from the Administrative Agent to the Borrower; and (y) the date a Financial Officer or other executive officer or director of the Required LendersBorrower or such other Loan Party becomes aware of such failure.

Appears in 2 contracts

Samples: Credit Agreement (GrubHub Inc.), Credit Agreement (GrubHub Inc.)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other covenant or agreement contained herein or in any other Loan Document, and such default shall continue unremedied for a period of 30 days after written notice thereof shall have been given to Borrower such Loan Party by the Administrative Agent or the Required LendersAgent.

Appears in 2 contracts

Samples: Credit Agreement (Edison Mission Energy), Execution Copy Credit Agreement (Edison Mission Energy)

Non-Performance of Other Covenants and Obligations. Borrower or any other Loan Any -------------------------------------------------- Credit Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent or the Required Lendersany Lender.

Appears in 2 contracts

Samples: Credit Agreement (Novamed Eyecare Inc), Credit Agreement (Novamed Eyecare Inc)

Non-Performance of Other Covenants and Obligations. Any Borrower or any other Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document, and such default shall continue unremedied for a period of 30 days after written notice thereof shall have been given to any Borrower by the Administrative Agent or the Required Lendersany Lender.

Appears in 2 contracts

Samples: Credit Agreement (Simpson Industries Inc), Credit Agreement (Simpson Industries Inc)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other covenant, obligation or agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 fifteen (15) days after the earlier to occur of (a) written notice thereof shall have been given to the Borrower by the Administrative Agent Lender or (b) the Required Lendersdate on which any Loan Party has actual knowledge of such default.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Alliqua BioMedical, Inc.), Credit Agreement and Guaranty (Alliqua BioMedical, Inc.)

Non-Performance of Other Covenants and Obligations. Borrower or any other Loan Any Credit Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 60 days after the earlier of (a) the date of the Borrower’s Knowledge of such default or (b) notice thereof shall have been given to Borrower the Borrowers by the Administrative Agent or the Required Lendersany Lender.

Appears in 2 contracts

Samples: Lien Credit Agreement (Standard Register Co), First Lien Credit Agreement (Standard Register Co)

Non-Performance of Other Covenants and Obligations. Borrower or any Any other Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument (other than items covered by Sections 8.1.1 or 8.1.3), and such default shall continue unremedied for a period of 30 days after the earlier of (a) any officer of any Loan Party having knowledge thereof or (b) notice thereof shall have having been given to Borrower AMRC by the Administrative Agent or the Required LendersAgent.

Appears in 2 contracts

Samples: Credit Agreement (Applied Medical Corp), Credit Agreement (Applied Medical Corp)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to Borrower by the Global Administrative Agent or the Required Majority Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Forest Oil Corp), Credit Agreement (Forest Oil Corp)

Non-Performance of Other Covenants and Obligations. The Borrower shall fail to observe or perform any other Loan Party shall default in the due performance and observance of any covenant or other agreement contained herein in this Agreement or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent or at the direction of the Required Lenders.

Appears in 2 contracts

Samples: Term Loan Agreement (WHX Corp), Term Loan Agreement (Wheeling Pittsburgh Corp /De/)

Non-Performance of Other Covenants and Obligations. Borrower or any other Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to Borrower by the Administrative Agent or the Required LendersLender.

Appears in 1 contract

Samples: Loan Agreement (Nastech Pharmaceutical Co Inc)

Non-Performance of Other Covenants and Obligations. Borrower or any other Loan Party Any Obligor shall default in the due performance and or observance of any other agreement contained herein or in any other Loan DocumentDocument to which such Obligor is party, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative either Managing Agent or the Required Lendersany Lender.

Appears in 1 contract

Samples: Credit Agreement (North Shore Agency Inc)

Non-Performance of Other Covenants and Obligations. The Guarantor or the Borrower or any other Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent or the Required Lendersany Lender.

Appears in 1 contract

Samples: Credit Agreement (Kirkwood Acquisition Corp)

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Non-Performance of Other Covenants and Obligations. Any Borrower or any other Loan Party Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Paying Agent or the Required Lendersany Lender.

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

Non-Performance of Other Covenants and Obligations. Any Borrower or any other Loan Party Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to any Borrower by the Administrative Agent or the Required Lendersany Lender.

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to Borrower by the Administrative Agent or the Required Majority Lenders.

Appears in 1 contract

Samples: Credit Agreement (Forest Oil Corp)

Non-Performance of Other Covenants and Obligations. Borrower Any Loan Party or any other Loan Party of its respective Subsidiaries shall default in the due performance and observance of any other covenant, obligation or agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (i) notice thereof shall have been given to the Borrower by the Administrative Agent Lender or (ii) the Required Lendersdate on which such Loan Party or Subsidiary has knowledge of such default.

Appears in 1 contract

Samples: Credit Agreement (Recro Pharma, Inc.)

Non-Performance of Other Covenants and Obligations. Any Guarantor or the Borrower or any other Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent or the Required Lendersany Lender.

Appears in 1 contract

Samples: Credit Agreement (Moore Corporation LTD)

Non-Performance of Other Covenants and Obligations. The Borrower or any other Loan Party shall will default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall will continue unremedied for a period of 30 days (a) after notice thereof shall will have been given to the Borrower by the Administrative Agent or any Lender or (b) after any officer of the Required LendersBorrower obtains knowledge thereof.

Appears in 1 contract

Samples: Credit Agreement (Authentic Fitness Corp)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other covenant, obligation or agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (i) notice thereof shall have been given to the Borrower by the Administrative Agent Lenders or (ii) the Required Lenders.date on which the Borrower or any Subsidiary has knowledge of such default. (e)

Appears in 1 contract

Samples: Security and Guaranty Agreement (iRhythm Technologies, Inc.)

Non-Performance of Other Covenants and Obligations. Any Borrower or any other Loan Party Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after such Borrower or other Obligor has actual knowledge thereof or written notice thereof shall have been given to such Borrower or other Obligor by the Administrative Agent or the Required Lendersany Lender.

Appears in 1 contract

Samples: Credit Agreement (Cencom Cable Income Partners Ii L P)

Non-Performance of Other Covenants and Obligations. Borrower or any other Loan Any Credit Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after the earlier of (a) the date of the Borrower’s Knowledge of such default or (b) notice thereof shall have been given to Borrower the Borrowers by the Administrative Agent or the Required Lendersany Lender.

Appears in 1 contract

Samples: Credit Agreement (Standard Register Co)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to Borrower by the Administrative Agent or the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Lone Pine Resources Inc.)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument (other than items covered by Section 9.1.1 or 9.1.3), and such default shall continue unremedied for a period of 30 thirty (30) days after the earlier of (a) notice thereof shall have been given to Borrower by from the Administrative Agent or to the Required LendersBorrower and (b) the date that the Borrower has knowledge of such failure.

Appears in 1 contract

Samples: Credit Agreement (Wayfair Inc.)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other covenant, obligation or agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 thirty (30) days after the earlier to occur of (i) notice thereof shall have been given to Borrower the Loan Party by the Administrative Agent Lender or (ii) the Required Lendersdate on which the Loan Party has actual knowledge of such default.

Appears in 1 contract

Samples: Loan Agreement (SoftBank Group Capital LTD)

Non-Performance of Other Covenants and Obligations. Borrower or any other Any Loan Party shall default in the due performance and observance of any other covenant, obligation or agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 fifteen (15) days after the earlier to occur of (a) notice thereof shall have been given to the Borrower by the Administrative Agent Lender or (b) the Required Lendersdate on which the Borrower or Parent has knowledge of such default.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (VBI Vaccines Inc/Bc)

Non-Performance of Other Covenants and Obligations. The Borrower or any other Loan Party Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan DocumentDocument executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent or the Required LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Vista Gold Corp)

Non-Performance of Other Covenants and Obligations. Either Borrower or any other Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to such Borrower by the Administrative Agent or the Required Lendersany Lender.

Appears in 1 contract

Samples: Credit Agreement (Ambac Financial Group Inc)

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