Common use of Other Agreements and Undertakings Clause in Contracts

Other Agreements and Undertakings. Comply with, observe and perform all other terms, covenants and agreements contained in this Agreement (including in Article VI hereof) or any other Facility Document. Provided, that, any failure by the Servicer to comply with any of the foregoing shall not be deemed a breach of any such covenant or this Agreement if such failure has been remedied on or before (i) thirty (30) days after any Secured Party gives notice thereof to the Servicer or the Servicer otherwise obtains knowledge thereof or (i) two Business Days, if such term, covenant or agreement relates to the payment to any Secured Party or a deposit required to be made or the delivery of the Monthly Report; provided, further, that the foregoing proviso shall not apply to any breach of Section 2.03(a) or 5.06 hereof; provided, even, further, that, notwithstanding either of the above provisos, any breach of any term, covenant or agreement with respect to any Pool Receivable that would not cause any material liability or potential material liability for the Borrower, the Administrative Agent or any other Secured Party and that, with the removal of such Pool Receivable from the calculation of Net Receivables Balance, does not cause a Borrowing Base Default shall not be deemed to have been breached.

Other Agreements and Undertakings. Comply with, observe and perform all other terms, covenants and agreements of the Borrower contained in this Agreement (including in Article VI hereof) or any other Facility Document. Provided, that, that any failure by the Servicer Borrower to comply with any of the foregoing shall not be deemed a breach of any such covenant or this Agreement if such failure has been remedied on or before (i) thirty (30) days after any Secured Party gives notice thereof to the Servicer Borrower or the Servicer Borrower otherwise obtains knowledge thereof or (iii) two Business Days, if such term, covenant or agreement relates to the payment to any Secured Party or a deposit required to be made or the delivery of the Monthly Reportmade; provided, further, that the foregoing proviso shall not apply to any breach of Section 2.03(a), 5.01(i) or 5.06 5.03 hereof; provided, even, further, that, notwithstanding either of the above provisos, any breach of any term, covenant or agreement with respect to any Pool Receivable that would not cause any material liability or potential material liability for the Borrower, the Administrative Agent or any other Secured Party and that, with the removal of such Pool Receivable from the calculation of Net Receivables Balance, does not cause a Borrowing Base Default shall not be deemed to have been breached.