Common use of Nonmonetary Defaults Clause in Contracts

Nonmonetary Defaults. HLBE shall fail to observe or perform any covenant, condition, or agreement to be observed or performed by them under this Agreement for a period of five (5) Business Days after written notice, specifying such default and requesting that it be remedied, provided however that no Event of Default shall be deemed to exist if, within said five (5) day period, HLBE has commenced appropriate action to remedy such failure and shall diligently and continuously pursue such action until such cure is completed, unless such cure is or cannot be completed within thirty (30) days after written notice shall have been given.

Appears in 5 contracts

Samples: Forbearance Agreement, Forbearance Agreement (Heron Lake BioEnergy, LLC), Forbearance Agreement (Heron Lake BioEnergy, LLC)

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Nonmonetary Defaults. HLBE shall fail to observe or perform any covenant, condition, or agreement (other than the failure to provide the Management and Governance Improvement Plan set forth in Section 6 above) to be observed or performed by them under this Agreement for a period of five (5) Business Days after written notice, specifying such default and requesting that it be remedied, provided however that no Event of Default shall be deemed to exist if, within said five (5) day period, HLBE has commenced appropriate action to remedy such failure and shall diligently and continuously pursue such action until such cure is completed, unless such cure is or cannot be completed within thirty (30) days after written notice shall have been given.

Appears in 1 contract

Samples: Forbearance Agreement (Heron Lake BioEnergy, LLC)

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