Common use of Notification of Noncompliance Clause in Contracts

Notification of Noncompliance. (a) Borrower shall notify Collateral Agent and Administrative Agent in writing within two (2) Business Days of having knowledge (i) that it is not in compliance with any of its obligations under any of the Loan Documents, or (ii) of the occurrence of any Event of Default. (b) If any information contained in the Perfection Certificates changes after the Effective Date and if that information relates to a subsection of Section 4 which specifically allows for information in the Perfection Certificates to be updated after the Effective Date, Borrower shall update such information in Borrower’s next due Compliance Certificate, provided however, that updates related to Section 4.2(d) shall only be required to be delivered concurrently with the financial statements required to be delivered under Section 5.2(a) for the months of March, June, September and December. (c) If any subsection of Section 4 is no longer true, accurate and complete and such subsection does not specifically authorize Borrower to update such subsection, Borrower shall indicate how such subsection is no longer true, accurate and complete in Borrower’s next due Compliance Certificate, provided however, that updates related to Section 4.2(d) shall only be required to be delivered concurrently with the financial statements required to be delivered under Section 5.2(a) for the months of March, June, September and December. Borrower shall not be deemed in breach due to any such subsection of Section 4 no longer being true, accurate and complete during the time between the date such information changes and the date Borrower’s current Compliance Certificate is due.

Appears in 2 contracts

Samples: Loan and Security Agreement (Domo, Inc.), Loan and Security Agreement (Domo, Inc.)

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Notification of Noncompliance. (a) Borrower shall notify Collateral Agent and Administrative Agent in writing within two (2) Business Days of having knowledge (i) that it is not in compliance with any of its obligations under any of the Loan Documents, or (ii) of the occurrence of any Event of Default. (b) If any information contained in the Perfection Certificates changes after the Effective EffectiveRestatement Date and if that information relates to a subsection of Section 4 which specifically allows for information in the Perfection Certificates to be updated after the Effective EffectiveRestatement Date, Borrower shall update such information in Borrower’s next due Compliance Certificate, provided however, that updates related to Section 4.2(d) shall only be required to be delivered concurrently with the financial statements required to be delivered under Section 5.2(a) for the months of March, June, September and December... (c) If any subsection of Section 4 is no longer true, accurate and complete and such subsection does not specifically authorize Borrower to update such subsection, Borrower shall indicate how such subsection is no longer true, accurate and complete in Borrower’s next due Compliance Certificate, provided however, that updates related to Section 4.2(d) shall only be required to be delivered concurrently with the financial statements required to be delivered under Section 5.2(a) for the months of March, June, September and December. Borrower shall not be deemed in breach due to any such subsection of Section 4 no longer being true, accurate and complete during the time between the date such information changes and the date Borrower’s current Compliance Certificate is due.

Appears in 1 contract

Samples: Loan Agreement (Domo, Inc.)

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Notification of Noncompliance. (a) Borrower shall notify Collateral Agent and Administrative Agent in writing within two five (25) Business Days of having knowledge (i) that it is not in compliance with any of its obligations under any of the Loan Documents, or (ii) of the occurrence of any Event of Default. (b) If any information contained in the Perfection Certificates changes after the Effective Date and if that information relates to a subsection of Section 4 which specifically allows for information in the Perfection Certificates to be updated after the Effective Date, Borrower shall update such information in Borrower’s next due Compliance Certificate, provided however, that updates related to Section 4.2(d) shall only be required to be delivered concurrently with the financial statements required to be delivered under Section 5.2(a5.1(a) for the months of March, June, September and December. (c) If any subsection of Section 4 is no longer true, accurate and complete and such subsection does not specifically authorize Borrower to update such subsection, Borrower shall indicate how such subsection is no longer true, accurate and complete in Borrower’s next due Compliance Certificate, provided however, that updates related to Section 4.2(d) shall only be required to be delivered concurrently with the financial statements required to be delivered under Section 5.2(a5.1(a) for the months of March, June, September and December. Borrower shall not be deemed in breach due to any such subsection of Section 4 no longer being true, accurate and complete during the time between the date such information changes and the date Borrower’s current Compliance Certificate is due.

Appears in 1 contract

Samples: Loan and Security Agreement (Enphase Energy, Inc.)

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