Obligation to Cure. If a Party breaches any provision of this Agreement or a Terminal Service Order, which breach does not have a material adverse effect on the other Party, the breaching Party shall still have the obligation to cure such breach.
Obligation to Cure. If the Corporation is prohibited from issuing shares of Common Stock to a Holder for any reason, the Corporation shall immediately notify the Holders of Notes of such occurrence and shall take immediate action (including, if necessary, seeking the approval of its shareholders) to eliminate any prohibitions under applicable law or the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Corporation or any of its securities on the Corporation's ability to issue shares of Common Stock.
Obligation to Cure. If at any time the then unissued portion of any Holder's Cap Amount is less than 135% of the number of shares of Common Stock then issuable upon the full exercise of all Prepaid Warrants owned by such Holder (a "Trading Market Trigger Event"), the Corporation shall immediately notify the Holders of Prepaid Warrants of such occurrence and shall take immediate action (including, if necessary, seeking the approval of its stockholders to authorize the issuance of the full number of shares of Common Stock which would be issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement but for the Cap Amount) to eliminate any prohibitions under applicable law or the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Corporation or any of its securities on the Corporation's ability to issue shares of Common Stock in excess of the Cap Amount. In the event the Corporation fails to eliminate all such prohibitions within ninety (90) days after the Trading Market Trigger Event and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant as a result of the operation of Article II.C.(i), then Holder shall thereafter have the option, exercisable at any time until such date that all such prohibitions are eliminated, by delivery of a Default Notice (as defined in Article VI.C.) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Default Amount, this Warrant shall be null and void. If the Corporation fails to deliver the Default Amount within five (5) business days after its receipt of such Default Notice, then such holder shall be entitled to the remedies provided in Articles V.B and VI.C.
Obligation to Cure. In order for any Company Mortgagee or its designee, including without limitation, a Company Mortgagee Designee, to become a party to a New Agreement, whether pursuant to the Company Mortgagee's right under Section 5.2(c), under Section 5.2(d), or otherwise, the Company Mortgagee or its designee, including without limitation, a Company Mortgagee Designee must first:
Obligation to Cure. The filing of an action by one Party against another Party over rights or obligations addressed in this Agreement is deemed to constitute a failure of the mutual obligations set forth in this Agreement. Such failure triggers, on the part of all Parties, an obligation to preserve the benefits of the Agreement for all Parties, including any Party who is, or could be, adversely affected by such litigation. Parties directly affected by the action, as well as other Parties with interests in, or obligations in this Agreement related to, the subject of the action, shall: (1) meet and confer promptly and in good faith to confirm that the Meet and Confer procedures in section 11 have identified the nature of the dispute, the provisions of this Agreement which failed to achieve the bargained-for benefits as to affected Parties, and the potential remedies for the defect; or (2) if not already completed, take appropriate steps to secure Timely performance of obligations under this Agreement; or (3) seek amendment of the Agreement pursuant to subsection 12.1; or (4) otherwise make Best Efforts to develop and implement a functional cure to preserve the bargained-for benefits under the Agreement for all Parties, including the Parties adversely affected by the litigation; and (5) seek a supervised settlement conference in the adjudicatory forum and advise the court or presiding officer of their Contractual Obligations under this Agreement, including this provision of the Agreement. Further, if an action is commenced against a Party by a non-Party that relates to rights or obligations addressed in this Agreement, the Parties shall to the maximum extent practicable and applicable, comply with the obligations of (2) through (5) above.
Obligation to Cure. Subject to Sections 2.4.2 and 2.4.3.2 hereof, a Participant determined to be in default by the Management Committee under Section 2.4.1 shall take all steps necessary to cure such default as promptly as possible.
Obligation to Cure. In order for any Company Mortgagee or its designee, including without limitation, a Company Mortgagee Designee to become the tenant of the Entertainment Center, whether pursuant to the Company Mortgagee’'s right of subrogation under Section 13(c), a new lease under Section 13(d), or otherwise, the Company Mortgagee or its designee, including without limitation, a Company Mortgagee Designee must first:
Obligation to Cure. 39 13.4 Consequence of Failure to Cure..................................................39 14.
Obligation to Cure. Regardless of whether a penalty is imposed by a regulatory body, the Contractor must cure any failure to meet applicable Regulations by:
Obligation to Cure. If at any time the then unissued portion of any Holder's Cap Amount is equal to the number of shares of Common Stock then issuable upon conversion of such Holder's Notes (a "Trading Market Trigger Event"), the Corporation shall immediately notify the Holders of Notes of such occurrence and shall take immediate action (including, if necessary, seeking the approval of its shareholders to authorize the issuance of the full number of shares of Common Stock which would be issuable upon the conversion of the Notes but for the Cap Amount) to eliminate any prohibitions under applicable law or the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Corporation or any of its securities on the Corporation's ability to issue shares of Common Stock in excess of such Cap Amount ("Trading Market Prohibitions"). In the event the Corporation fails to eliminate all such Trading Market Prohibitions within 90 days after the Trading Market Trigger Event, then each Holder shall thereafter have the option, exercisable in whole or in part at any time and from time to time until such date that all such Trading Market Prohibitions are eliminated, by delivery of a Default Notice (as defined in Article VII.C) to the Corporation, to require the Corporation to repay for cash, at the Default Amount, a principal amount of the Holder's Notes such that, after giving effect to such repayment, the then unissued portion of such Holder's Cap Amount is equal to the total number of shares of Common Stock issuable upon conversion of such Holder's Notes. If the Corporation fails to pay the Default Amount within five (5) business days after its receipt of a Default Notice, then such Holder shall be entitled to the remedies provided in Articles VI.B and VII.C.
