Common use of Nonperformance Clause in Contracts

Nonperformance. The Borrower or any guarantor of Borrower’s Obligations to the Bank (“Guarantor”) shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 7 contracts

Samples: Revolving Credit Agreement (SRS Labs Inc), Term Loan Agreement (Rochester Medical Corporation), Revolving Credit Agreement (Outdoor Channel Holdings Inc)

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Nonperformance. The Borrower or any guarantor of Borrower’s 's Obligations to the Bank (“Guarantor”"GUARANTOR") shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Image Software Inc), Revolving Credit Agreement (Hmi Industries Inc), Revolving Credit Agreement (Universal Manufacturing Co)

Nonperformance. The Borrower or any guarantor of Borrower’s 's Obligations to the Bank ("Guarantor") shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 4 contracts

Samples: Revolving Credit Note (Itex Corp), Revolving Credit Note (Hmi Industries Inc), Revolving Credit Agreement (Bnccorp Inc)

Nonperformance. The Borrower or any guarantor of the Borrower’s Obligations obligations to the Bank Seller (“Guarantor”) shall fail to perform or observe any agreement, term, provision, provision condition, or covenant (other than a default occurring under (a), (c), (d), (e), or (f) or (g) of this Section 4.1paragraph 10) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bankhereunder.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Turning Point Brands, Inc.), Unsecured Promissory Note (Turning Point Brands, Inc.), Unsecured Promissory Note (Turning Point Brands, Inc.)

Nonperformance. The Borrower or any guarantor of Borrower’s 's Obligations to the Bank (“Guarantor”"GUARANTOR") shall fail fails to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1paragraph 6.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (United Community Bancshares Inc), Term Loan Agreement (United Community Bancshares Inc)

Nonperformance. The Borrower or any guarantor of Borrower’s Obligations to the Bank (“Guarantor”) shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in In favor of the Bank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rochester Medical Corporation)

Nonperformance. The Borrower or any guarantor of the Borrower’s Obligations to the Bank (“Guarantor”) shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1paragraph 13) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Installment or Single Payment Note (National Research Corp)

Nonperformance. The Borrower or any guarantor of Borrower’s Borrower s Obligations to the Bank (“Guarantor”( Guarantor ) shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (fa),(c),(d),(e),(f) or (g) of this Section 4.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Term Loan Agreement (Oakridge Holdings Inc)

Nonperformance. The Borrower or any guarantor of Borrower’s Obligations to the Bank (“Guarantor”) shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1paragraph 6.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Team Financial Inc /Ks)

Nonperformance. The Borrower or any guarantor of Borrower’s 's Obligations to the Bank (“Guarantor”) shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.15.1) required to be performed or observed by the Borrower or any Guarantor hereunder guarantor hereunder, under any guaranty of Borrower's Obligations to Bank or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sonic Foundry Inc)

Nonperformance. The Borrower or any guarantor of Borrower’s 's -------------- Obligations to the Bank ("Guarantor") shall fail fails to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1paragraph 6. 1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Republic Bancorp Inc)

Nonperformance. The Borrower or any guarantor of Borrower’s Obligations to the Bank (“Guarantor”) shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (ea), (ft) or (g) of this Section 4.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Wagering Inc)

Nonperformance. The Borrower or any guarantor of Borrower’s Borrowers Obligations to the Bank (“Guarantor”"GUARANTOR") shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Term Loan Agreement (Hi Shear Technology Corp)

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Nonperformance. The Borrower or of any guarantor of Borrower’s 's Obligations to the Bank (“Guarantor”"GUARANTOR") shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Radisys Corp)

Nonperformance. The Borrower or any guarantor of Borrower’s 's Obligations to the Bank (“Guarantor”) shall "Guarantor")shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (aa),(c),(d), (c), (d), (e), (f) or e),(f)or (g) of this Section 4.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Term Loan Agreement (Park City Group Inc)

Nonperformance. The Borrower or any guarantor of the Borrower’s 's -------------- Obligations to the Bank (“Guarantor”a "GUARANTOR") shall fail fails to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) or (h) of this Section 4.1paragraph 6. 1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Credit Agreement (Blackhawk Bancorp Inc)

Nonperformance. The Borrower or any guarantor of the Borrower’s 's Obligations to the Bank ("Guarantor") shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1paragraph 13) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Loan Agreement (National Research Corp)

Nonperformance. The Borrower or any guarantor of the Borrower’s 's Obligations to the Bank ("Guarantor") shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1paragraph 12) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Stand Alone Revolving Note (Arkona Inc)

Nonperformance. The Borrower or any guarantor of Borrower’s 's Obligations to the Bank (“Guarantor”) shall "Guarantor")shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) or (g) of this Section 4.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Term Loan Agreement (Nutech Digital Inc)

Nonperformance. The Borrower or any guarantor of Borrower’s 's Obligations to the Bank (“Guarantor”"GUARANTOR") shall fail to perform or observe any agreement, term, provision, condition, or covenant (other than a default occurring under (a), (c), (d), (e), (f) ), or (g) of this Section 4.1) required to be performed or observed by the Borrower or any Guarantor hereunder or under any other Loan Document or other agreement with or in favor of the Bank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Universal Manufacturing Co)

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