Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 6 contracts
Samples: Line of Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Hughes Supply Inc), Credit Agreement (Hughes Supply Inc)
Other Covenants. The Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 thirty (30) days after the earlier of (i) the Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to the Borrower by the Administrative Agent or any Lender;
Appears in 4 contracts
Samples: Term Loan Agreement (Intermet Corp), Credit Agreement (Intermet Corp), Credit Agreement (Ironton Iron Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 thirty (30) days after the earlier of (i) an Executive Officer of Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative any Agent or any Lender;
Appears in 4 contracts
Samples: Revolving Credit Agreement (Choicepoint Inc), Revolving Credit Agreement (Choicepoint Inc), Revolving Credit Agreement (Choicepoint Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.1 and 8.029.2, and, if capable of being remedied, such failure shall remain unremedied for 30 thirty days after the earlier of (ia) Borrower's ’s obtaining actual knowledge thereof, or (iib) written notice thereof shall have been given to Borrower by Lender or the Administrative Agent or any Lender;
Appears in 3 contracts
Samples: Revolving and Term Loan Agreement, Revolving and Term Loan Agreement (Brown & Brown Inc), Revolving Loan Agreement (Brown & Brown Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.1. and 8.029.2., and, if capable of being remedied, and such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's an Executive Officer of the Borrower obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 3 contracts
Samples: Credit Agreement (Rock Tenn Co), Credit Agreement (Rock Tenn Co), Credit Agreement (Rock Tenn Co)
Other Covenants. Parent or Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 thirty (30) days after the earlier of (i) Borrower's an Executive Officer of Parent or Borrower obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Parent and Borrower by the Administrative Agent or any Lender;
Appears in 2 contracts
Samples: Revolving Credit Agreement (Choicepoint Inc), Term Loan Credit Agreement (Choicepoint Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.1 and 8.029.2 hereof, and, if capable of being remedied, such failure shall remain unremedied for 30 thirty days after the earlier of (i) Borrower's obtaining actual knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;.
Appears in 2 contracts
Samples: Term Loan Agreement (Serengeti Eyewear Inc), Credit and Term Loan Agreement (Solar Mates Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.1 and 8.029.2, and, if capable of being remedied, such failure shall remain unremedied for 30 thirty days after the earlier of (ia) Borrower's ’s obtaining actual knowledge thereof, or (iib) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 2 contracts
Samples: Term Loan Agreement, Term Loan Agreement (Brown & Brown Inc)
Other Covenants. Such Borrower shall fail to observe or perform any covenant or agreement contained in this Agreementagreement, other than those referred to in Sections 8.01 6.01 and 8.026.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days five (5) Business Days after the earlier of (i) Borrower's obtaining the day on which such Borrower obtains knowledge thereof, or (ii) the day on which written notice thereof shall have been given to such Borrower by the Administrative Agent or any Lender;Agent; or
Appears in 2 contracts
Samples: Day Credit Agreement (Huntington Funds), Day Credit Agreement (Huntington Funds)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 8.1. and 8.028.2., and, if capable of being remedied, and such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's an Executive Officer of the Borrower obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 2 contracts
Samples: Credit Agreement (Dollar General Corp), Credit Agreement (Childrens Comprehensive Services Inc)
Other Covenants. Borrower shall fail to observe or perform --------------- any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.1 and 8.029.2, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 2 contracts
Samples: Credit Agreement (Rotech Medical Corp), Contribution Agreement (Rotech Medical Corp)
Other Covenants. The Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, Agreement or any other Loan Document (other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (icovered by Section 9.1(a) Borrower's obtaining knowledge thereof, or (iib)) for thirty (30) days or more after written notice thereof shall have has been given to the Borrower by the Administrative Agent or any Lender;the Required Lenders; or
Appears in 2 contracts
Samples: Credit Agreement (Dimon Inc), Credit Agreement (Dimon Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 SECTIONS 9.01 and 8.029.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative any Agent or any Lender;
Appears in 1 contract
Samples: Credit Agreement (Dixie Group Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by Agent, the Administrative Agent Co-Agent, the Issuing Bank or any Lender;
Appears in 1 contract
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.01 and 8.029.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Credit Agreement (Hughes Supply Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.1 and 8.029.2, and, if capable of being remedied, such failure shall remain unremedied for 30 thirty days after the earlier of (ia) Borrower's obtaining actual knowledge thereof, or (iib) written notice thereof shall have been given to Borrower by Lender or the Administrative Agent or any Lender;
Appears in 1 contract
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 7.1. and 8.027.2., and, if capable of being remedied, and such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's an Executive Officer of the Borrower obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Other Covenants. Borrower shall fail to perform or observe or perform any other term, condition, covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, andor of any of the other Credit Documents to which it is a party, if capable of being remedied, such failure which shall remain unremedied for 30 a period of 15 days after the earlier of (i) Borrower's any of the executive officers of the Borrower obtaining actual knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.1 and 8.029.2, and, if capable of being remedied, such failure shall remain unremedied for 30 thirty (30) days after the earlier of (ia) Borrower's obtaining actual knowledge thereof, or (iib) written notice thereof shall have been given to Borrower by Lender or the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Revolving and Term Loan Agreement (Brown & Brown Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's any Executive Officer of the Borrower obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's any member of Senior Management of Borrower obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Vari Lite International Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.1 and 8.029.2, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Credit Agreement (Office Depot Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 thirty (30) days (or in the case of failure to observe or perform the covenants contained in any other subsection of Section 6.09, ten (10) days) after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.1 and 8.029.2, and, and if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Other Covenants. Borrower or Parent shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.01 and 8.029.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's or Parent's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower or Parent by the Administrative Agent or any Lender;
Appears in 1 contract
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 SECTIONS 8.1 and 8.028.2, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;after
Appears in 1 contract
Other Covenants. Borrower shall fail to perform or observe or perform any other terms, covenant or agreement contained in this Agreement, Agreement or in any of the other than those referred Loan Documents on its part to in Sections 8.01 be performed or observed and 8.02, and, if capable of being remedied, any such failure shall remain unremedied for 30 a period of thirty (30) days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to received by Borrower by from the Administrative Agent or any Lender;; or
Appears in 1 contract
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 thirty (30) days (or in the case of failure to observe or perform the covenants or agreements set forth in any other subsection of Section 6.09, ten (10) days) after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 thirty (30) days after the earlier of (i) an Executive Officer of Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Choicepoint Inc
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.01 and 8.029.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Credit Agreement (Hughes Supply Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement Agreement contained in this Agreement, other than those referred to in Sections 8.01 9.1 and 8.029.2, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Contribution Agreement (Planet Hollywood International Inc)
Other Covenants. The Borrower shall fail to observe or perform any covenant or agreement contained in this Agreementagreement, other than those referred to in Sections 8.01 6.01 and 8.026.02; provided, and, that if such failure is capable of being remedied, such failure shall remain unremedied for 30 not constitute a Default until thirty (30) days after the earlier of (i) the Borrower's obtaining actual knowledge thereof, or (ii) written notice thereof shall have having been given to the Borrower by any Bank or the Administrative Agent or any Lender;Agent; or
Appears in 1 contract
Samples: Agreement (General American Transportation Corp /Ny/)
Other Covenants. Borrower shall fail to observe or perform --------------- any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, and such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Credit Agreement (Krystal Company)
Other Covenants. Borrower shall fail to observe or perform --------------- any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Credit Agreement (Hughes Supply Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement Agreement contained in this Agreement, other than those referred to in Sections 8.01 9.1 and 8.029.2, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Planet Hollywood International Inc)
Other Covenants. Borrower shall fail to observe or --------------- perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 9.01 and 8.029.02, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 and 8.02Section 7.01 above, and, if capable of being remedied, such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Bridge Revolving Credit Agreement (Hughes Supply Inc)
Other Covenants. Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement, other than those referred to in Sections 8.01 8.1. and 8.028.2., and, if capable of being remedied, and such failure shall remain unremedied for 30 days after the earlier of (i) Borrower's an Executive Officer or Financial Officer of the Borrower obtaining knowledge thereof, or (ii) written notice thereof shall have been given to Borrower by the Administrative Agent or any Lender;
Appears in 1 contract
Samples: Credit Agreement (CBRL Group Inc)