Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or (ii) written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agent; or
Appears in 15 contracts
Samples: Credit Agreement (Newmark Group, Inc.), Credit Agreement (BGC Group, Inc.), Delayed Draw Term Loan Credit Agreement (Newmark Group, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or such Loan Party has knowledge of such failure and (ii) the delivery date of written notice thereof is given to a Responsible Officer of the Borrower by such Loan Party from the Administrative Agent; or
Appears in 15 contracts
Samples: Credit Agreement (Telephone & Data Systems Inc /De/), Credit Agreement (Telephone & Data Systems Inc /De/), Credit Agreement (Telephone & Data Systems Inc /De/)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower a Loan Party becomes aware of such failure or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 13 contracts
Samples: Credit Agreement (Aegion Corp), Credit Agreement (Aegion Corp), Credit Agreement (Energen Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 15 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or (ii) written notice thereof is has been given to a Responsible Officer of the Borrower by the Administrative AgentAgent or a Lender or (ii) the date a Responsible Officer knew or reasonably should have known of such Default; or
Appears in 13 contracts
Samples: Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Markwest Energy Partners L P)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which a Responsible Person of any Loan Party becoming aware of such failure shall first become known to a Responsible Officer of the Borrower or (ii) written notice thereof is given to a Responsible Officer of the Borrower any Loan Party by the Administrative Agent; or
Appears in 12 contracts
Samples: Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc), Term Loan Credit Agreement (School Specialty Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or (ii) written notice thereof is has been given to a Responsible Officer of the Borrower by the Administrative AgentAgent or a Lender or (ii) the date a Responsible Officer knew or reasonably should have known of such Default; or
Appears in 10 contracts
Samples: Credit Agreement (Martin Midstream Partners Lp), Credit Agreement (Allis Chalmers Energy Inc.), Credit Agreement (Martin Midstream Partners Lp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower Company having knowledge of such Default or (ii) the receipt by any Borrower or any other Loan Party of written notice thereof is given to a Responsible Officer of the Borrower by from the Administrative AgentAgent or any Lender of such Default; or
Appears in 9 contracts
Samples: Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after from the earlier of (i) the date on which such failure shall first become known to a that any Responsible Officer of the Borrower a Loan Party has actual knowledge thereof or (ii) the date that the Administrative Agent delivers to Borrower written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agentsuch failure; or
Appears in 9 contracts
Samples: Ratification and Amendment Agreement (Cenveo, Inc), Senior Secured Super Priority Priming Debtor in Possession Credit Agreement (Cenveo, Inc), Credit Agreement (Cenveo, Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or (iix) written notice thereof is given from the Administrative Agent to the Company or (y) a Responsible Officer of the Borrower by the Administrative Agentfirst having knowledge thereof; or
Appears in 8 contracts
Samples: Credit Agreement (Celanese Corp), Credit Agreement (Celanese Corp), Term Loan Credit Agreement (Celanese Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or a Loan Party becomes aware of such failure and (ii) the date on which written notice thereof is of such failure shall have been given to a Responsible Officer of the Borrower Borrowing Agent by the Administrative Agent; or
Appears in 8 contracts
Samples: Credit Agreement (World Fuel Services Corp), Credit Agreement (World Fuel Services Corp), Credit Agreement (World Fuel Services Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which receipt of notice of such failure shall first become known to default by a Responsible Officer of the Borrower Agent from the Administrative Agent, or (ii) written notice thereof is given to a any Responsible Officer of the Borrower by the Administrative Agentany Loan Party becomes aware of such default; or
Appears in 7 contracts
Samples: Credit Agreement (Purple Innovation, Inc.), Term Loan Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Key Tronic Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower any Loan Party becomes aware of such failure or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative Agent; or
Appears in 7 contracts
Samples: Credit Agreement (Ciner Resources LP), Credit Agreement (Ciner Resources LP), Credit Agreement (Ciner Resources LP)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a), (b) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower has knowledge of such failure or (ii) written notice thereof is given from the Administrative Agent to a Responsible Officer of the Borrower by (which notice will be given at the Administrative Agentrequest of any Lender); or
Appears in 7 contracts
Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a), (b) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer Borrower’s receipt of written notice thereof from the Borrower Administrative Agent or (ii) written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agentobtaining knowledge thereof; or
Appears in 7 contracts
Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document or any Fee Letter on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower Borrower’s obtaining knowledge thereof or (ii) written the delivery of notice thereof is given to a Responsible Officer of the Borrower by from the Administrative Agent; or
Appears in 6 contracts
Samples: Credit Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 7.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which notice of such failure default shall first become known to a Responsible Officer of the Borrower or (ii) written notice thereof is have been given to a Responsible Officer of the Borrower by the Administrative AgentAgent and (ii) a Responsible Officer of any Loan Party shall have actual knowledge of such failure; or
Appears in 6 contracts
Samples: Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become becomes known to a Responsible Officer of the Borrower any Loan Party or (ii) written notice thereof is given to a Responsible Officer of the Borrower Company by the Administrative Agent; or
Appears in 6 contracts
Samples: Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 9.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after of the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower any Loan Party has knowledge of such failure or (ii) written receipt by ESI of notice thereof is given to a Responsible Officer of the Borrower by from the Administrative AgentAgent or the Required Lenders of such default; or
Appears in 6 contracts
Samples: Credit Agreement (Element Solutions Inc), Credit Agreement (Element Solutions Inc), Credit Agreement (Element Solutions Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after following the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or becomes aware of such failure and (ii) the date on which written notice thereof is given to a Responsible Officer of the Borrower delivered by the Administrative AgentAgent to the Borrower in accordance with Section 10.02(a)(i); or
Appears in 6 contracts
Samples: Credit Agreement (Entercom Communications Corp), Credit Agreement (CBS Corp), Credit Agreement (CBS Radio Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on upon which such failure shall first become known to a Responsible Officer of the Borrower or a Loan Party knew of such failure and (ii) the date upon which written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agent; or
Appears in 6 contracts
Samples: Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) notice thereof from the date on which such failure shall first become known Administrative Agent to a Responsible Officer of the Borrower Company or (ii) written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agentdate any Loan Party obtains knowledge thereof; or
Appears in 6 contracts
Samples: Credit Agreement (Tetra Tech Inc), Credit Agreement (Tetra Tech Inc), Credit Agreement (Tetra Tech Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 calendar days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender or the date the Borrower has knowledge of such failure; or
Appears in 6 contracts
Samples: 364 Day Revolving Credit Agreement (Sunoco Logistics Partners L.P.), 364 Day Revolving Credit Agreement (Sunoco Logistics Partners L.P.), 364 Day Revolving Credit Agreement (Sunoco Logistics Partners L.P.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 45 days after the earlier of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower or any Loan Party becomes aware of such failure and (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower any Loan Party by the Administrative AgentAgent or any Lender; or
Appears in 6 contracts
Samples: Credit Agreement (Varian Medical Systems Inc), Credit Agreement (Varian Medical Systems Inc), Credit Agreement (Varian Medical Systems Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) thirty days after the date on which such failure shall first become known to a Responsible Officer of the Borrower or any Loan Party acquires knowledge thereof and (ii) the date on which written notice thereof is given to a Responsible Officer of the Borrower delivered by the Administrative AgentAgent or any Lender to the Borrower Representative; or
Appears in 6 contracts
Samples: Credit Agreement (Enpro Industries, Inc), Credit Agreement (Enpro Industries, Inc), Credit Agreement (Enpro Industries, Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues unremedied for thirty 30 days after the earlier of (i) notice from the date on which such failure shall first become known to Administrative Agent or the actual knowledge of a Responsible Officer of the Borrower or (ii) written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agentsuch Loan Party; or
Appears in 6 contracts
Samples: Term Loan Agreement (Retail Opportunity Investments Partnership, LP), Credit Agreement (Retail Opportunity Investments Corp), Term Loan Agreement (Retail Opportunity Investments Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which knowledge by an executive officer of such failure shall first become known to a Responsible Officer of the Borrower Loan Party or (ii) written notice thereof is given to a Responsible Officer of the has been received by either Borrower by from the Administrative AgentAgent or any Lender; or
Appears in 5 contracts
Samples: Credit Agreement (Career Education Corp), Credit Agreement (Career Education Corp), Credit Agreement (Career Education Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower knowledge by any Loan Party or (ii) receipt by the Company of written notice thereof is given to a Responsible Officer of the Borrower by from the Administrative AgentAgent or any Lender; or
Appears in 5 contracts
Samples: Limited Waiver and Amendment to Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to actual knowledge thereof by a Responsible Officer of the Borrower or and (ii) written notice thereof is the date that the Administrative Agent shall have given to a Responsible Officer of the Borrower by the Administrative Agentnotice thereof; or
Appears in 5 contracts
Samples: Credit Agreement (Media General Inc), Credit Agreement (Media General Inc), Credit Agreement (Media General Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower actual knowledge by any Loan Party or (ii) receipt by the Company of written notice thereof is given to a Responsible Officer of the Borrower by from the Administrative AgentAgent or any Lender; or
Appears in 5 contracts
Samples: Credit Agreement (Jacobs Solutions Inc.), Term Loan Agreement (Jacobs Solutions Inc.), Credit Agreement (Jacobs Engineering Group Inc /De/)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (ix) the date on which receipt of notice of such failure shall first become known to default by a Responsible Officer of the Borrower Agent from the Administrative Agent, or (iiy) written notice thereof is given to a any Responsible Officer of the Borrower by the Administrative Agentany Loan Party becomes aware of such default; or
Appears in 5 contracts
Samples: Credit Agreement (Lifecore Biomedical, Inc. \De\), Credit Agreement (Ascent Industries Co.), Credit Agreement (Lifecore Biomedical, Inc. \De\)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection clauses (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which a Responsible Officer of a Loan Party having actual knowledge of such failure shall first become known to failure, or (ii) receipt by a Responsible Officer of the Borrower or (ii) written Company of notice thereof is given to a Responsible Officer of the Borrower by from the Administrative AgentAgent or any Lender of such failure; or
Appears in 5 contracts
Samples: Credit Agreement (Celestica Inc), Credit Agreement (Celestica Inc), Credit Agreement (Celestica Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after a period ending on the earlier of (i) the date on which such failure shall first become known to thirty (30) days after a Responsible Officer of the Borrower a Loan Party shall have discovered or should have discovered such default and (ii) the date fifteen (15) days after written notice thereof is has been given to a Responsible Officer of the Borrower Parent by the Administrative Agent; or
Appears in 5 contracts
Samples: Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier to occur of (i) notice thereof from the date on which such failure shall first become known to a Administrative Agent or any Responsible Officer of the Borrower or (ii) written notice thereof is given to a Responsible Officer Loan Party having actual knowledge of the Borrower by the Administrative Agentsuch failure; or
Appears in 5 contracts
Samples: 364 Day Credit Agreement (Albemarle Corp), Credit Agreement (Albemarle Corp), 364 Day Credit Agreement (Albemarle Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which the Administrative Agent notifies Borrower of such failure shall first become known to or (ii) the date on which a Responsible Officer of the Borrower or (ii) written notice thereof is given to a Responsible Officer any Loan Party first becomes aware of the Borrower by the Administrative Agentsuch failure; or
Appears in 5 contracts
Samples: Credit Agreement (Copano Energy, L.L.C.), Loan Agreement (Copano Energy, L.L.C.), Credit Agreement (Copano Energy, L.L.C.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower has knowledge of such failure or (ii) written notice thereof is given to a Responsible Officer of the Borrower by the from Administrative AgentAgent or any Lender; or
Appears in 5 contracts
Samples: Senior Secured Term Loan Agreement (William Lyon Homes), Senior Term Loan Agreement (Wci Communities Inc), Senior Secured Term Loan Agreement (William Lyon Homes)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after following the earlier to occur of (i) the date on which such failure shall first become known to a Responsible Officer obtains knowledge of the Borrower or such failure and (ii) written notice thereof is given to the date that a Responsible Officer of the Borrower by receives notice from the Administrative AgentAgent of such failure; or
Appears in 5 contracts
Samples: Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or Company has knowledge of such failure and (ii) the delivery date of written notice thereof is given to a Responsible Officer of the Borrower by Company from the Administrative Agent; or
Appears in 5 contracts
Samples: Credit Agreement (Flir Systems Inc), Credit Agreement (Flir Systems Inc), Credit Agreement (Flir Systems Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer knew or reasonably should have known of the Borrower or such failure and (ii) the date on which written notice thereof is given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 4 contracts
Samples: Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower any Loan Party becoming aware of such failure or (ii) written notice thereof is given to a Responsible Officer of the Borrower any Loan Party by the Administrative Agent; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Providence Service Corp), Credit and Guaranty Agreement (Providence Service Corp), Credit and Guaranty Agreement (Allion Healthcare Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues unremedied for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or such Loan Party obtains, or reasonably should have had, knowledge of such failure and (ii) written the date on which the Borrower or such Loan Party receives notice thereof is given to a Responsible Officer of the Borrower by from the Administrative Agent; or
Appears in 4 contracts
Samples: Credit Agreement (Cal Dive International, Inc.), Credit Agreement (Cal Dive International, Inc.), Credit Agreement (Helix Energy Solutions Group Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower any Loan Party becomes aware of such failure or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower PRA by the Administrative Agent; or
Appears in 4 contracts
Samples: Credit Agreement (Pra Group Inc), Loan Modification Agreement (Pra Group Inc), Credit Agreement (Pra Group Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty a period of 30 days after the earlier of (i) the date on upon which such failure shall first become known to a Responsible Officer of the Borrower or such other Loan Party knew or reasonably should have known of such failure or (ii) the date upon which written notice thereof is given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 4 contracts
Samples: Credit Agreement (Ferrellgas Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier earliest to occur of (i) the date on upon which such failure shall first become known to a Responsible Officer of the Borrower or any Loan Party becomes aware of such default and (ii) the date upon which written notice thereof is given to a Responsible Officer of the Borrower by the Administrative AgentAgent or the Required Lenders; or
Appears in 4 contracts
Samples: Credit Agreement (Nuvasive Inc), Credit Agreement (Nuvasive Inc), Credit Agreement (Nuvasive Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a), (b) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower a Loan Party becomes aware of such failure or (ii) written the date on which notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 4 contracts
Samples: Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (Prometheus Laboratories Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty fifteen (15) days after the earlier of (i) receipt by such Loan Party of written notice from the date on which Administrative Agent of such failure shall first become known to a Responsible Officer of the Borrower or and (ii) written notice thereof is given to a the time at which such Loan Party or any Responsible Officer of the Borrower by the Administrative Agentthereof knew or became aware of, or should reasonably have known or been aware of, such failure; or
Appears in 4 contracts
Samples: Credit Agreement (Stein Mart Inc), Term Loan Credit Agreement (Stein Mart Inc), Credit Agreement (Stein Mart Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to a any Responsible Officer of the Borrower a Loan Party has knowledge of such failure or (ii) written notice thereof of such failure is given delivered to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 4 contracts
Samples: Credit Agreement (Keyw Holding Corp), Credit Agreement (Keyw Holding Corp), Credit Agreement (Keyw Holding Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (ix) the date on upon which such failure shall first become known to a Responsible Officer of any Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower or (ii) has received written notice thereof is given to a Responsible Officer of the Borrower by such failure from the Administrative Agent; or
Appears in 4 contracts
Samples: Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a), (b) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) consecutive days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or any Loan Party becoming aware of such failure and (ii) written notice thereof is given to a Responsible Officer of the Borrower by Company from the Administrative AgentAgent or the Required Lenders; or
Appears in 4 contracts
Samples: Thirteenth Amendment to Fourth Amended and Restated Credit Agreement (Quanta Services, Inc.), Fourth Amended and Restated Credit Agreement (Quanta Services, Inc.), Credit Agreement (Quanta Services, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or a Loan Party becomes aware of such failure and (ii) the date on which written notice thereof is of such failure shall have been given to a Responsible Officer of the Borrower Company by the Administrative Agent; or
Appears in 4 contracts
Samples: Credit Agreement (Fti Consulting, Inc), Credit Agreement (Fti Consulting Inc), Credit Agreement (Fti Consulting Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower a Loan Party becoming aware of such default or (ii) written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agent; or
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Ardent Health Partners, LLC), Term Loan Credit Agreement (Ardent Health Partners, LLC), Term Loan Credit Agreement (Ardent Health Partners, LLC)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection clause (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier to occur of (i) a Loan Party receiving notice thereof from the date on Administrative Agent (which such failure notice shall first become known to a Responsible Officer be given at the request of the Borrower any Lender) or any other Person, or (ii) written notice thereof is given to a Responsible Officer or other executive officer of the Borrower by the Administrative Agenta Loan Party obtains knowledge of such occurrence; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Reliant Energy Inc), Credit and Guaranty Agreement (Reliant Energy Inc), Credit and Guaranty Agreement (Reliant Energy Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower any Loan Party becomes or should have become aware of such failure or (ii) written notice thereof is given to a Responsible Officer of the Borrower any Loan Party by the Administrative Agent; or
Appears in 4 contracts
Samples: Credit Agreement (Mantech International Corp), Credit Agreement (Mantech International Corp), Credit Agreement (Mantech International Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or becoming aware of such failure and (ii) the date written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative Agent; or
Appears in 3 contracts
Samples: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier to occur of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower any Loan Party becomes aware of such failure or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower any Loan Party by the Administrative AgentAgent or any Lender; or
Appears in 3 contracts
Samples: Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Cti Biopharma Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 7.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on upon which a Responsible Officer, director or other officer of any Loan Party knew or reasonably should have known of such failure shall first become known to a Responsible Officer of the Borrower or (ii) the date upon which written notice thereof is given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 3 contracts
Samples: Credit Agreement (Paycom Software, Inc.), Credit Agreement (Paycom Software, Inc.), Credit Agreement (Paycom Software, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which Borrower becoming aware of such failure shall first become known to a Responsible Officer of the Borrower or (ii) the date written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative Agent; or
Appears in 3 contracts
Samples: Credit Agreement (Cadence Design Systems Inc), Loan Agreement (Cadence Design Systems Inc), Loan Agreement (Cadence Design Systems Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer Office of the Borrower becoming aware thereof or (ii) written notice thereof is given to a Responsible Officer of the Borrower by from the Administrative AgentAgent to the Borrower; or
Appears in 3 contracts
Samples: Credit Agreement (Flowserve Corp), Credit Agreement (Flowserve Corp), Credit Agreement (Flowserve Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on upon which an officer of any Loan Party obtains knowledge of such failure shall first become known to a Responsible Officer of the Borrower default or (ii) the receipt by the Parent Borrower of written notice thereof is given to a Responsible Officer of the Borrower by such default from the Administrative AgentAgent or the Required Lenders (any such notice to be identified as a “notice of default” and to refer specifically to this clause (c)); or
Appears in 3 contracts
Samples: Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (ix) the date on upon which such failure shall first become known to a Responsible Officer of any Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower or (ii) has received written notice thereof is given to a Responsible Officer of the Borrower by such failure from the Administrative Agent; or
Appears in 3 contracts
Samples: Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other term, covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which receipt of written notice of such failure shall first become known to by a Responsible Officer of Borrower Agent from Administrative Agent on behalf of the Borrower Required Lenders, or (ii) written notice thereof is given to a any Responsible Officer of the Borrower by the Administrative Agentany Loan Party becomes aware of such failure; or
Appears in 3 contracts
Samples: Credit Agreement (e.l.f. Beauty, Inc.), Credit Agreement (e.l.f. Beauty, Inc.), Credit Agreement (e.l.f. Beauty, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (ix) the date on upon which such failure shall first become known to a Responsible Officer of the any Borrower obtains knowledge of such failure or (iiy) the date upon which the Parent has received written notice thereof is given to a Responsible Officer of the Borrower by such failure from the Administrative Agent; or
Appears in 3 contracts
Samples: Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty Trust, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower a Loan Party becomes aware of such failure or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower Company by the Administrative AgentAgent or any Lender; or
Appears in 3 contracts
Samples: Credit Agreement (Dhi Group, Inc.), Credit Agreement (Dice Holdings, Inc.), Credit Agreement (Dice Holdings, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) notice thereof from the date on which such failure shall first become known Administrative Agent to a Responsible Officer of the Borrower or (ii) written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agentdate any Loan Party obtains knowledge thereof; or
Appears in 3 contracts
Samples: Bridge Credit Agreement (Tetra Tech Inc), Bridge Credit Agreement, Credit Agreement (Tetra Tech Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier to occur of (i) the date on upon which such failure shall first become known to a Responsible Officer of the Borrower any Loan Party becomes aware or should have become aware of such default and (ii) the date upon which written notice thereof is given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 3 contracts
Samples: Credit Agreement (Athenahealth Inc), Credit Agreement (Athenahealth Inc), Credit Agreement (Athenahealth Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower or any Loan Party becomes aware of such failure and (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 3 contracts
Samples: Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Relypsa Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a), (b) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower a Loan Party becomes aware of such failure or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 3 contracts
Samples: Credit Agreement (Wright Medical Group Inc), Credit Agreement (Wright Medical Group Inc), Credit Agreement (Wright Medical Group Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection clauses (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower having actual knowledge of such failure, or (ii) written notice thereof is given to receipt by a Responsible Officer of the Borrower by of notice from the Administrative AgentAgent or any Lender of such failure; or
Appears in 3 contracts
Samples: Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues unremedied for thirty (30) days after the earlier of (i) any of the date on which such failure shall first become known to chief executive officer, chief financial officer, chief accounting officer, controller or general counsel of a Loan Party or any other Responsible Officer familiar with the terms of the Borrower or this Agreement, obtaining actual knowledge thereof and (ii) the date written notice thereof is given to a Responsible Officer of the Borrower by provided from the Administrative AgentAgent to the Borrower; or
Appears in 3 contracts
Samples: Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Investment Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower or any Loan Party becomes aware of such failure and (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 3 contracts
Samples: Credit Agreement (Recro Pharma, Inc.), Credit Agreement (Recro Pharma, Inc.), Credit Agreement (Recro Pharma, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection clauses (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or obtains actual knowledge of such failure and (ii) the date on which written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative Agent; orAgent or the Required Lenders;
Appears in 3 contracts
Samples: Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp)
Other Defaults. Any Loan Party fails to perform or observe any other term, covenant or agreement (not other than any term, covenant or agreement specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days (or such other period as may be specified in the applicable Loan Document) after the earlier of (i) the date on upon which such failure shall first become known to a Responsible Officer knew or received written notice of the Borrower such failure or (ii) the date upon which written notice thereof is given to a Responsible Officer of the Borrower Borrowers by the Administrative AgentAgent or any Lender; or
Appears in 3 contracts
Samples: Senior Secured Credit Agreement (Aimco Properties L.P.), Senior Secured Credit Agreement (Aimco Properties L.P.), Senior Secured Credit Agreement (Aimco Properties L.P.)
Other Defaults. Any Loan Party or any Subsidiary fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date notice of such failure is given by the Administrative Agent to the Borrower or (ii) the date on which such failure shall first become became known to a Responsible Officer of the Borrower General Partner or (ii) written notice thereof is given to a Responsible Officer of the Borrower by the Administrative AgentBorrower; or
Appears in 3 contracts
Samples: Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection clause (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or (ii) written notice thereof is has been given to a Responsible Officer of the Borrower by the Administrative Agent; orAgent or a Lender, or (ii) the date a Responsible Officer knew or reasonably should have known of such Default;
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Martin Midstream Partners L.P.), Credit Agreement (Martin Midstream Partners L.P.), Credit Agreement (Martin Midstream Partners Lp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Investment Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower any Loan Party becomes aware of such failure or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower any Loan Party by the Administrative AgentAgent or any Lender; or
Appears in 3 contracts
Samples: Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Greenbrook TMS Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on upon which such failure shall first become known to a Responsible Officer of the Borrower such Loan Party knew of such failure, or (ii) the date upon which written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agent; or
Appears in 3 contracts
Samples: Credit Agreement (Polycom Inc), Credit Agreement (Polycom Inc), Credit Agreement (Neustar Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) knowledge thereof by any Loan Party or (ii) the date on which such failure shall first become known to a Responsible Officer of the Borrower or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower Xxxxxxx-Xxxxxx International by the Administrative AgentAgent or any Lender; or
Appears in 3 contracts
Samples: Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection clauses (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues unremedied for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a any Responsible Officer of the Borrower or obtaining actual knowledge thereof and (ii) the date written notice thereof is given provided from the Lender to a Responsible Officer of the Borrower by the Administrative AgentBorrower; or
Appears in 2 contracts
Samples: Credit Agreement (nCino, Inc.), Credit Agreement (nCino, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a), (b) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower or (ii) written notice thereof is given to a Responsible Officer Loan Party becomes aware of the Borrower by the Administrative Agent; such failure or
Appears in 2 contracts
Samples: Credit Agreement (Wright Medical Group Inc), Credit Agreement (Wright Medical Group Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) knowledge thereof by any Responsible Officer of such Loan Party or (ii) the date on which such failure shall first become known to a Responsible Officer of the Borrower or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower Xxxxxxx-Xxxxxx International by the Administrative AgentAgent or any Lender; or
Appears in 2 contracts
Samples: Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days thirty days after the earlier of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower a Loan Party becomes aware of such failure or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative AgentAgent to the Borrower; or
Appears in 2 contracts
Samples: Credit Agreement (Innerworkings Inc), Credit Agreement (Innerworkings Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower Borrower, or (ii) the date on which written notice thereof is given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 2 contracts
Samples: Credit Agreement (StoneX Group Inc.), Credit Agreement (Intl Fcstone Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection clause (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower or any Loan Party becomes aware of such failure and (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 2 contracts
Samples: Credit Agreement (Zevra Therapeutics, Inc.), Credit Agreement (Dermira, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues unremedied for thirty (30) days after the earlier of (i) notice from the date on which such failure shall first become known to Administrative Agent or the actual knowledge of a Responsible Officer of the Borrower or (ii) written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agentsuch Loan Party; or
Appears in 2 contracts
Samples: Term Loan Agreement (Retail Opportunity Investments Partnership, LP), Credit Agreement (Retail Opportunity Investments Partnership, LP)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower having knowledge of such Default or (ii) the receipt by the Borrower or any such Loan Party of written notice thereof is given to a Responsible Officer of the Borrower by from the Administrative AgentAgent or any Lender of such Default; or
Appears in 2 contracts
Samples: Revolving Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection clause (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which a Loan Party becoming aware of such failure shall first become known to a Responsible Officer of the Borrower or (ii) written the date notice thereof is shall have been given to a Responsible Officer of the Borrower Company by the Administrative Agent; or
Appears in 2 contracts
Samples: Credit Agreement (GENTHERM Inc), Credit Agreement (GENTHERM Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the first date on which such failure shall first become known to a any Responsible Officer of any Loan Party becomes aware of or, through the Borrower or exercise of reasonable diligence, should have known of, such failure and (ii) written receipt of notice thereof is given to a Responsible Officer of the Borrower by from the Administrative AgentAgent or any Lender; or
Appears in 2 contracts
Samples: Credit Agreement (Gilead Sciences Inc), Term Loan Agreement (Gilead Sciences Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty days after the earlier of (i) the date on which a Loan Party becoming aware of such failure shall first become known to a Responsible Officer of the Borrower or (ii) written the date notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative Agent; or
Appears in 2 contracts
Samples: Credit Agreement (Newport Corp), Credit Agreement (Newport Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer senior officer of the Borrower or (ii) any Loan Party obtaining knowledge thereof and receipt of written notice thereof is given to a Responsible Officer of the Borrower by from the Administrative Agent; or
Appears in 2 contracts
Samples: Bridge Credit Agreement (U S Restaurant Properties Inc), Credit Agreement (Trustreet Properties Inc)
Other Defaults. Any Loan Party or any Subsidiary fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 8.01(a) or (b8.01(b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date notice of such failure is given by the Administrative Agent to the Borrower or (ii) the date on which such failure shall first become became known to a Responsible Officer of the Borrower General Partner or (ii) written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agent; orBorrower;
Appears in 2 contracts
Samples: Incremental Facility and Amendment Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on upon which such failure shall first become known to a Responsible Officer of the Borrower or such other Loan Party knew or reasonably should have known of such failure or (ii) the date upon which written notice thereof is given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 2 contracts
Samples: Credit Agreement (Ferrellgas Partners Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which receipt of notice of such failure shall first become known to default by a Responsible Officer of the Borrower Agent from the Agent or any Lender, or (ii) written notice thereof is given to a any Responsible Officer of the Borrower by the Administrative Agentany Loan Party becomes aware of such default; or
Appears in 2 contracts
Samples: Second Lien Credit and Security Agreement (Katy Industries Inc), Second Lien Credit and Security Agreement (Katy Industries Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (iA) the date on upon which such failure shall first become known to a Responsible Officer of the Borrower such Loan Party knew of such failure or (iiB) the date upon which written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agent; or
Appears in 2 contracts
Samples: Credit Agreement (Neustar Inc), Credit Agreement (Ducommun Inc /De/)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days (or, with respect to Section 4.2(d), five (5) days) after the earlier of (i) the date on which such failure shall first become known to knowledge by a Responsible Officer of the Borrower or Holdings of such failure or (ii) written notice thereof is given to a Responsible Officer of the Borrower by from the Administrative Agent; orAgent to the Borrower;
Appears in 2 contracts
Samples: Revolving Credit Agreement (Postmedia Network Canada Corp.), Revolving Credit Agreement (Postmedia Network Canada Corp.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (aSection 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (ix) the date on upon which such failure shall first become known to a Responsible Officer of any Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower or (ii) has received written notice thereof is given to a Responsible Officer of the Borrower by such failure from the Administrative Agent; or
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower or such Loan Party having Actual Knowledge of such Default or (ii) written notice thereof is given to a Responsible Officer of the receipt by the Borrower by and such Loan Party of notice from the Administrative AgentAgent or any Lender of such Default; or
Appears in 2 contracts
Samples: Credit Agreement (Freescale Semiconductor Inc), Credit Agreement (Fisher Scientific International Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a any Responsible Officer of the Borrower or knows of such failure, and (ii) written notice thereof is given to a Responsible Officer of the Borrower and Holdings by the Administrative AgentAgent or the Required Lenders; or
Appears in 2 contracts
Samples: Credit Agreement (Infrasource Services Inc), Credit Agreement (Infrasource Services Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer of the Borrower any Loan Party or any Material Subsidiary becomes aware of such failure or (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower Company by the Administrative AgentAgent or any Lender; or
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Interface Inc), Syndicated Facility Agreement (Interface Inc)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection clause (ai) or (bii) above) contained in any Loan Document on its part to be performed or observed contained in (i) Sections 6.03(a), (b) and (c) and such failure continues for thirty 5 days, or (ii) any Loan Document and such failure continues for 30 days after the earlier of (i1) receipt by such Person of written notice from the Administrative Agent or any Lender of such failure and (2) the date on time at which such failure shall first become known to a Person or any Responsible Officer knew or became aware of the Borrower or (ii) written notice thereof is given to a Responsible Officer of the Borrower by the Administrative Agentsuch failure; or
Appears in 2 contracts
Samples: Credit Agreement (Monster Worldwide, Inc.), Credit Agreement (Monster Worldwide, Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Investment Document on its part to be performed or observed and such failure continues for thirty (30) days after the earlier of (i) the date on which such failure shall first become known to (i) a Responsible Officer of the Borrower or any Loan Party becomes aware of such failure and (ii) written notice thereof is shall have been given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; oror (d)
Appears in 2 contracts
Samples: Credit Agreement (Establishment Labs Holdings Inc.), Credit Agreement (Establishment Labs Holdings Inc.)
Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty 30 days after the earlier of (i) the date on which such failure shall first become known to a Responsible Officer officer of the Borrower knew or reasonably should have known of such failure and (ii) the date on which written notice thereof is given to a Responsible Officer of the Borrower by the Administrative AgentAgent or any Lender; or
Appears in 2 contracts
Samples: Credit Agreement (Exponential Interactive, Inc.), Credit Agreement (Exponential Interactive, Inc.)
