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

Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or any other Loan Document 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.

Appears in 10 contracts

Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Noble Energy Inc), Term Loan Agreement (Noble Energy Inc)

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Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by itDocument, 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 AgentAgent or the Required Lenders.

Appears in 9 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 Subsidiary shall default in the due performance and observance of any other provision covenant, obligation or agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document 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 AgentLender or (ii) the date on which the Borrower has knowledge of such default.

Appears in 8 contracts

Samples: Credit Agreement (TransMedics Group, Inc.), Credit Agreement (Avedro Inc), Credit Agreement (Avedro Inc)

Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by itDocument, 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 AgentAgent or any Lender.

Appears in 5 contracts

Samples: Credit Agreement (McCormick & Co Inc), Credit Agreement (McCormick & Co Inc), Credit Agreement (McCormick & Co Inc)

Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision covenant or agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after written notice thereof shall have been given to the Borrower by the Administrative Agent.

Appears in 4 contracts

Samples: Facility Lease Agreement (Edison Mission Energy), Facility Lease Agreement (Edison Mission Energy), Credit Agreement (Edison Mission Energy)

Non-Performance of Other Covenants and Obligations. The Borrower or any other Obligor shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document 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 AgentAgent or any Lender.

Appears in 4 contracts

Samples: Credit Agreement (W-H Energy Services Inc), Credit Agreement (Prosource Inc), Credit Agreement (W-H Energy Services Inc)

Non-Performance of Other Covenants and Obligations. The Borrower or the Guarantor, as the case may be, shall default in the due performance and observance of any other provision contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or any other Loan Document 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 or the Guarantor, as the case may be, by the Administrative Agent.

Appears in 3 contracts

Samples: Term Loan Agreement (Noble Energy Inc), Noble Energy Inc, Noble Energy Inc

Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by itDocument, 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 AgentLender.

Appears in 3 contracts

Samples: Credit Agreement (Ing Us Capital LLC), Credit Agreement (Kemper High Income Trust), Credit Agreement (Winokur Herbert S Jr)

Non-Performance of Other Covenants and Obligations. The Borrower or any other Obligor shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document 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 AgentAgent or any Lender.

Appears in 3 contracts

Samples: Credit Agreement (W-H Energy Services Inc), Credit Agreement (Adt Limited), Credit Agreement (Adt Limited)

Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 15 days after the Borrower shall become aware of such default, whether by notice thereof shall have been given to the Borrower by the Administrative AgentAgent or any Lender or otherwise.

Appears in 3 contracts

Samples: Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc)

Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by itDocument, 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 AgentAgent or any Lender.

Appears in 3 contracts

Samples: Term Loan Agreement (McCormick & Co Inc), Credit Agreement (McCormick & Co Inc), Credit Agreement (Whittaker Corp)

Non-Performance of Other Covenants and Obligations. The Borrower or any other Obligor shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document 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 AgentAgent at the direction of the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Nextel Partners Inc), Credit Agreement (Nextel Partners Inc)

Non-Performance of Other Covenants and Obligations. The Borrower or any Subsidiary shall default in the due performance and observance of any other provision covenant or agreement contained herein (not constituting an Event of Default under the preceding provisions of this herein, including Section 8.1) 8.3, or in any other Loan Document executed by itDocument, 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.

Appears in 2 contracts

Samples: Credit Agreement (Pogo Producing Co), Credit Agreement (Pogo Producing Co)

Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision contained herein (not constituting an Event of Default under the preceding provisions of this Section SECTION 8.1) or any other Loan Document 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.

Appears in 2 contracts

Samples: Credit Agreement (Noble Affiliates Inc), Credit Agreement (Noble Affiliates Inc)

Non-Performance of Other Covenants and Obligations. The Borrower shall default in any material respect in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days 15 Business Days after written notice thereof shall have been given to the Borrower by the Administrative AgentLender.

Appears in 2 contracts

Samples: Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Lady Luck Gaming Corp)

Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or any other Loan Document 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.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Noble Energy Inc), 364 Day Credit Agreement (Noble Energy Inc)

Non-Performance of Other Covenants and Obligations. The -------------------------------------------------- Borrower shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by it(other than the Mortgage), 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 AgentAgent or an Event of Default shall occur under (and as defined in) the Mortgage.

Appears in 2 contracts

Samples: Security Agreement (Aristotle Corp), Credit Agreement (Aristotle Corp)

Non-Performance of Other Covenants and Obligations. The Any Borrower or any other Obligor shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by itit (other than those specified in Sections 8.1.1 or 8.1.3), and such default shall continue unremedied for a period of 30 thirty (30) days after notice thereof shall have been given to the Borrower Borrowers by the Administrative Agent, the Issuer or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Copano Energy, L.L.C.)

Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or any other Loan Document 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 AgentAgent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Noble Affiliates Inc)

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Non-Performance of Other Covenants and Obligations. The Borrower or any other Obligor shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 thirty (30) days after notice thereof shall have been given to the Borrower by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Sonoran Energy Inc)

Non-Performance of Other Covenants and Obligations. The Borrower or any other Obligor shall default in the due performance and or observance of any other provision contained herein (not constituting an Event of Default covenants under the preceding provisions of this Section 8.1) or Loan Documents and any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the Borrower or such other Obligor shall have knowledge thereof or after notice thereof shall have been given to the Borrower by the Administrative Agent.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Municipal Mortgage & Equity LLC)

Non-Performance of Other Covenants and Obligations. The Borrower or any other Obligor shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days ten Business Days after notice thereof shall have been given to the Borrower by the Administrative AgentAgent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Warnaco Group Inc /De/)

Non-Performance of Other Covenants and Obligations. The Borrower or any obligor shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 45 days after notice thereof shall have been given to the Borrower by the Administrative AgentLender.

Appears in 1 contract

Samples: Credit Agreement (Corzon Inc)

Non-Performance of Other Covenants and Obligations. The Borrower or any other Obligor shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document 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 AgentAgent or the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (True Temper Sports Inc)

Non-Performance of Other Covenants and Obligations. The Any Borrower shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by itCredit Document, and such default shall continue unremedied for a period of 30 days 10 Business Days after the earlier of (a) the date on which any Responsible Officer of such Borrower became aware of such default, and (b) notice thereof shall have been given to the such Borrower by the Administrative AgentAgent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Bergen Brunswig Corp)

Non-Performance of Other Covenants and Obligations. The Borrower or any of its Restricted Subsidiaries shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by it, it (other than a breach described above in Sections 8.1.1 or 8.1.3) and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower or such Subsidiary by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Escalera Resources Co.)

Non-Performance of Other Covenants and Obligations. The Any Borrower shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by itCredit Document, and such default shall continue unremedied for a period of 30 days 10 Business Days after the earlier of (a) the date on which any Responsible Officer of such Borrower became aware of such default, and (b) notice thereof shall have been given to the such Borrower by the Administrative AgentAgent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Bergen Brunswig Corp)

Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document (other than items covered by Sections 8.1.1 or 8.1.3) executed by it, and such default shall continue unremedied for a period of 30 days after the Borrower has actual knowledge thereof or notice thereof shall have been given to the Borrower by the Administrative AgentLender.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Foods Inc)

Non-Performance of Other Covenants and Obligations. The Borrower or any other Obligor shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document 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 or such other Obligor, as applicable, by the Administrative AgentAgent or the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Regal Cinemas Inc)

Non-Performance of Other Covenants and Obligations. The Except as set forth in clauses (a) – (c) above, Borrower shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by itDocument, 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 AgentAgent or the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Kayne Anderson Acquisition Corp)

Non-Performance of Other Covenants and Obligations. The Borrower shall default in the due performance and observance of any other provision agreement contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document 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 AgentAgent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Thorn Apple Valley Inc)

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