Noncompliance with Agreement. If Borrower or any of its Subsidiaries shall fail to perform in the time and manner required any of its obligations or covenants under, or shall fail to comply with any of the provisions of, this Agreement (other than as set forth in Section 9.1(c)), any Loan Document, or any other agreement with Bank to which it may be a party, which does not involve the failure to make a payment when due (be it principal, interest, taxes, insurance or otherwise) and which is not cured by Borrower within 30 days after the earlier of the date of notice to Borrower by Bank of such Default or the date Bank is notified, or should have been notified, pursuant to Borrower’s obligation under Section 6.1(i), of such Default.
Noncompliance with Agreement. If any Loan Party shall fail to perform any of its obligations and covenants under, or shall fail to comply with any of the provisions of, this Agreement or any of the other Documents and, in the case of any such circumstance which is capable of being cured within a period of thirty (30) days, the continuation thereof for a period of thirty (30) days after the earlier of: (i) Borrowers' actual knowledge thereof, or (ii) written notice by Bank to Borrowers.
Noncompliance with Agreement. If the Company shall fail to ---------------------------- perform in the time and manner required any of their obligations or covenants under, or shall fail to comply with any of the provisions of, this Agreement or any other agreement with the Bank to which they may be a party, which does not involve the failure to make a payment when due (be it principal, interest, taxes, insurance or otherwise) and which is not cured by the Company within forty-five (45) days after the earlier of the date of notice to the Company by the Bank on behalf of the Bank of such Default or the date the Bank is notified, or should have been notified pursuant to the Company's obligation under Section 7.4.1 hereof, of such Default.
Noncompliance with Agreement. Business’ default in the observance or performance of any provision of this Agreement;
Noncompliance with Agreement. If WDBD’s quarterly water use exceeds one-fourth of the allocation, or fails to take measures to reduce water use (as set forth in Paragraph 2) WDBD shall be deemed to have breached this Agreement. City shall send a letter to WDBD giving notice of the breach, and provide methods and a time period within to rectify the breach, City may bring an action in the Dubuque County Court to force compliance. The Parties agree that damages alone would be insufficient to compensate City, and, as such, specific performance is the appropriate remedy for breach of this Agreement. If such an action is necessary, or any other legal or administrative action is required to enforce the terms of this Agreement, the prevailing party shall be entitled to its attorneys’ fees incurred in the action.
Noncompliance with Agreement. If the Borrower shall fail to perform any of its obligations and covenants under, or shall fail to comply with any of the provisions of, this Agreement or any of the other Documents.
Noncompliance with Agreement. Material default in the observance or performance of any material provision of this Agreement; or
Noncompliance with Agreement. If Borrower or any Restricted Subsidiary shall fail to perform, in the time and manner required, any of its obligations or covenants under, or shall fail to comply with any of the provisions of, this Agreement or any other Loan Document, which does not involve the failure to make a payment when due (be it principal, interest or otherwise) and which is not cured by Borrower or such Restricted Subsidiary within thirty (30) days after the earlier of the date of notice to Borrower or such Restricted Subsidiary by Lender of such Default or the date Lender is notified pursuant to Borrower's or such Restricted Subsidiary's obligation under SECTION 5.1.3 of this Agreement, of such Default.
Noncompliance with Agreement. Any damage or deficiency resulting from any misrepresentation, breach of warranty, or nonfulfillment of any agreement on the part of Sellers under this Agreement, or from any misrepresentation in, or omission from any certificate or other instrument furnished or to be furnished to Buyer under this Agreement. 3.
Noncompliance with Agreement. If Borrower, any of its Subsidiaries or any Guarantor shall fail to perform in the time and manner required any of its obligations or covenants under, or shall fail to comply with any of the provisions of, this Agreement (other than as set forth in Section 8.1(c)), any Loan Document, or any other agreement with Bank to which it may be a party (other than as provided in Sections 8.1(a) and (f)), and which is not cured (i) by Borrower within 15 days after the earlier of the date of notice to Borrower by Bank of such Default or the date Bank is notified, or should have been notified, pursuant to Borrower’s obligation under Section 6.1, of such Default, or (ii) by any Guarantor within the applicable period of grace or cure, if any, provided with respect thereto in the relevant Loan Document or other agreement with Bank.”
