Common use of Nonperformance of Covenants Clause in Contracts

Nonperformance of Covenants. Any covenant, agreement or condition herein or in any other Loan Document (other than covenants otherwise addressed in another paragraph of this SECTION 4.1, such as covenants to pay the Indebtedness) is not fully and timely performed, observed or kept, and such failure is not cured within the applicable notice and cure period (if any) provided for herein or in such other Loan Document or, if this Agreement or such other Loan Document does not provide for such a notice or grace period, within thirty (30) days after written notice and demand by Administrative Agent for the performance of such covenant, agreement or condition (or if such failure cannot be cured within that original 30-day period and Borrower delivers written notice to Administrative Agent promptly within that original 30-day period of Borrower's or Subsidiary Guarantor's intention and proposed steps to cure the failure with due diligence, promptly institutes curative action within that original 30-day period and diligently pursues same, Borrower and Subsidiary Guarantor shall have such additional period of time, not exceeding sixty (60) days next following the end of the original 30-day period, as shall be necessary to effect the cure); PROVIDED, HOWEVER, that there shall be no obligation of Administrative Agent to give any such notice and no right of Borrower or Subsidiary Guarantor to cure under this paragraph if the event or condition is intentionally caused by Borrower or Subsidiary Guarantor.

Nonperformance of Covenants. Any covenant, agreement or condition herein or in any other Loan Document (other than covenants otherwise addressed in another paragraph of this SECTION 4.1, such as covenants to pay any of the Indebtedness) is not fully and timely performed, observed or kept, and such failure is not cured within the applicable notice and cure or grace period (if any) provided for herein or in such other Loan Document or, if this Agreement or such other Loan Document does not provide for such a notice or grace period, within thirty (30) days after written notice and demand by Administrative Agent to the Operating Partnership, on behalf of all Borrowers and Guarantor, for the performance of such covenant, agreement or condition (or if such failure cannot be cured within that original 30-day period and Borrower (i) the Operating Partnership delivers written notice to Administrative Agent promptly within that original 30-day period of Borrower's the intention of Borrowers or Subsidiary Guarantor's intention Guarantor to cure [and the proposed steps to cure cure] the failure with due diligence, and (ii) promptly institutes curative action within that original 30-day period and diligently pursues same, Borrower and Subsidiary Guarantor then Borrowers or Guarantor, as applicable, shall have such additional period of time, not exceeding sixty (60) days next following the end of the original 30-day period, as shall be necessary to effect the cure); PROVIDEDprovided, HOWEVERhowever, that there shall be no obligation of Administrative Agent to give any such notice and no right of Borrower or Subsidiary Guarantor the Operating Partnership to cure under this paragraph if the event or condition is intentionally caused by any Borrower or Subsidiary Guarantor.

Nonperformance of Covenants. Any covenant, agreement or condition herein or in any other Loan Document (other than covenants otherwise addressed in another paragraph of this SECTION 4.1, such as covenants to pay the Indebtedness) is not fully and timely performed, observed or kept, and such failure is not cured within the applicable notice and cure period (if any) provided for herein or in such other Loan Document or, if this Agreement or such other Loan Document does not provide for such a notice or grace period, within thirty (30) days after written notice and demand by Administrative Agent Lender for the performance of such covenant, agreement or condition (or if such failure cannot be cured within that original 30-day period and Borrower delivers written notice to Administrative Agent Lender promptly within that original 30-day period of Borrower's or Subsidiary Guarantor's intention and proposed steps to cure the failure with due diligence, promptly institutes curative action within that original 30-day period and diligently pursues same, Borrower and Subsidiary Guarantor shall have such additional period of time, not exceeding sixty (60) days next following the end of the original 30-day period, as shall be necessary to effect the cure); PROVIDEDprovided, HOWEVERhowever, that there shall be no obligation of Administrative Agent Lender to give any such notice and no right of Borrower or Subsidiary Guarantor to cure under this paragraph if the event or condition is intentionally caused by Borrower or Subsidiary GuarantorBorrower.

Nonperformance of Covenants. Any covenant, agreement or condition herein or in any other Loan Document (other than covenants otherwise addressed in another paragraph of this SECTION 4.1, such as covenants to pay the Indebtedness) is not fully and timely performed, observed or kept, and such failure is not cured within the applicable notice and cure period (if any) provided for herein or in such other Loan Document or, if this Agreement or such other Loan Document does not provide for such a notice or grace period, within thirty (30) days after written notice and demand by Administrative Agent for the performance of such covenant, agreement or condition (or if such failure cannot be cured within that original 30-day period and Borrower delivers written notice to Administrative Agent promptly within that original 30-day period of Borrower's or Subsidiary Guarantorsuch other Loan Party's intention and proposed steps to cure the failure with due diligence, promptly institutes curative action within that original 30-day period and diligently pursues same, Borrower and Subsidiary Guarantor the Loan Parties shall have such additional period of time, not exceeding sixty (60) days next following the end of the original 30-day period, as shall be necessary to effect the cure); PROVIDED, HOWEVER, that there shall be no obligation of Administrative Agent to give any such notice and no right of Borrower or Subsidiary Guarantor a Loan Party to cure under this paragraph if the event or condition is intentionally caused by Borrower or Subsidiary Guarantora Loan Party.