Common use of Other Obligations Clause in Contracts

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor The Borrower does not comply with any provision other obligation of the Finance Documents (other than those referred to in Clause 24.1 (Non-payment) or Clause 24.2 (Financial covenants))Documents. (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 14 Business Days of the Facility earlier of the Agent giving notice to the Company Borrower or the Company Borrower becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 22.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 25.2 (Non-payment) or and Clause 24.2 25.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility Agent giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Vessel Contracts and/or the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 30 Business Days of the Facility Agent giving notice to the Company Borrowers or the Company any Borrower becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days within10 Business Days of the Facility earlier of (A) the Agent giving notice to the Company or Borrower and (B) the Company Borrower becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 (Non-payment) or and Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days of the Facility earlier of the Agent giving notice to the Company or the relevant Obligor or the Company or the relevant Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 (Non-payment) or Clause 24.2 (Financial covenants))clause 27.1 and clause 27.2. (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisationsclause 27.3(a) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility earlier of: (i) the Agent giving notice to the Company or relevant Obligor; and (ii) the Company or the relevant Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 (Non-payment) or and Clause 24.2 22 (Financial covenants)). (b) No Event of Default under paragraph (a) of this Clause 24.3 above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days fifteen Business Days of the Facility Agent giving written notice to the Company or the Company becoming aware of the failure to comply, whichever is the earlier.

Other Obligations. (a) 29.3.1 An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 29.1 (Non-payment) or and Clause 24.2 29.2 (Financial covenants)). (b) 29.3.2 No Event of Default under paragraph (a) sub-clause 29.3.1 above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 20 Business Days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor or a Security Provider does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 25.1 (Non-payment) or and Clause 24.2 25.2 (Financial covenantscovenants and other obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days five Business Days of the Facility earlier of (i) the Agent giving notice to the Company or and (ii) the Company or an Obligor or Security Provider becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those that referred to in Clause 24.1 21.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 21 days of the earlier of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 26.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility earlier of (i) the Agent giving notice to the Company or (ii) the Company relevant Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 22.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 21.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 5 Business Days of the Facility Agent Lender giving notice to the Company or the Company Borrower becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 20 Business Days of the Facility Agent giving notice to the Company or the Company becoming aware occurrence of the such failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 27.2 (Non-payment) or and Clause 24.2 27.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility Agent giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 (Non-payment) or and Clause 24.2 22 (Financial covenants)). (b) No Event of Default under paragraph (a) of this Clause 24.3 above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days fifteen Business Days of the Facility Agent giving written notice to the Company or the Company becoming aware of the failure to complycomply whichever is the earlier.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 22.2 (Financial covenantscovenants and other obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 thirty (30) days of the earlier of (A) the Facility Agent giving notice to the Company or relevant Obligor and (B) the Company Obligor becoming actually aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 27.2 (Non-payment) or and Clause 24.2 27.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days five Business Days of the Facility Agent Lender giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 22.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 30 days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 22.2 (Financial covenantscovenants and indebtedness)). (b) No Event of Default under paragraph (a) above in relation to this Clause 23.1 (Authorisations) 22.3 will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility Agent giving notice to the Company or the Company becoming aware date of the occurrence of such failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 26.2 (Non-payment) or and Clause 24.2 26.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility Agent giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) 23.3.1 An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenantsSecurity)). (b) 23.3.2 No Event of Default under paragraph (a) above sub-clause 23.3.1 of this Clause 23.3 in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than than, those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 30 days of the Facility Agent giving notice to the Company Borrower or the Company an Obligor becoming aware of the failure to comply, whichever is the first to occur.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 21.1 (Non-payment) or and Clause 24.2 21.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 30 days of the Facility earlier of: (i) the Agent giving notice to the Company or Guarantor and (ii) the Company Guarantor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 21.2 (Financial covenants)condition). (b) No Event of Default will occur under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 30 days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Any Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 21.1 (Non-payment) or and Clause 24.2 21.2 (Financial covenants)). (b) No Subject to Clause 20.11 (Value of Charged Property), no Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 24.2 (Non-payment) or Clause 24.2 ), 24.3 (Financial covenants) or 24.4 (Offer default))) of any Finance Document. (b) No Event of Default under paragraph this Clause 24.5 (a) above in relation to Clause 23.1 (AuthorisationsOther obligations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility earlier of the Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 25.1 (Non-payment) or Clause 24.2 25.2 (Financial covenantsBorrowing Base)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the earlier of (i) the Facility Agent giving notice to the Company or and (ii) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 20 days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 22.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 calendar days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor or the Shareholder Guarantor does not comply with any provision of the Finance Documents (other than those that referred to in Clause 24.1 21.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 21 days of the earlier of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 18.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility Agent Lender giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents applicable to it (other than those referred to in Clause 24.1 27.2 (Non-payment) or and Clause 24.2 27.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility Agent giving notice to the Company Borrowers or the Company (if earlier) any Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 20 (Financial covenantscovenants and Sanctions)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility earlier of (i) the Agent giving notice to the Company or and (ii) the Company becoming aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 22.2 (Financial covenants, LTV Ratio or conditions subsequent)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 20 Business Days of the Facility earlier of (i) the Agent giving notice to the Company or the Company Borrower and (ii) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 21.1 (Non-payment) or and Clause 24.2 21.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) 21.3 will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 (Non-payment) or and Clause 24.2 (Financial covenantscovenant and information)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days of the Facility earlier of the Agent giving notice to the Company or the relevant Obligor or the Company or the relevant Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenantscovenant)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days fifteen (15) Business Days of the Facility earlier of (i) the Agent giving written notice to the Company or the Company and (ii) any Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or Clause 24.2 23.2 (Financial covenantsCovenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 twenty-one days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 21 (Financial covenants)). (b) No Event of Default under paragraph (a) of this Clause 23.3 above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days fifteen Business Days of the Facility Agent giving written notice to the Company or the Company becoming aware of the failure to comply, whichever is the earlier.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 21.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 30 days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 clause 23.1 (Non-payment) or Clause 24.2 (Financial covenants)Payment). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisationsclause 23.2(a) will occur if the failure to comply is capable of remedy and is remedied within 15 30 days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to complyCompany.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 26.2 (Non-payment) or and Clause 24.2 26.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 30 Business Days, or in relation to Clause 21.5 (Environmental Claims) 30 days, of the Facility Agent giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)covenant and other obligations). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 29.2 (Non-payment) or and Clause 24.2 29.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility Agent giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 (Non-payment) or and Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 26.1 (Non-payment) or and Clause 24.2 26.2 (Financial covenantsCovenants and Insurance)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is is, in the opinion of the Agent, capable of remedy and is remedied within 15 days of the Facility Agent giving notice to the Company Borrower or the Company Borrower becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 22.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 10 days of the Facility Agent giving notice to the Company Borrower or the Company Borrower becoming aware of the failure to comply.

Other Obligations. (a) An Any Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or ), Clause 24.2 22.2 (Financial covenants)). (b) No Event of Default under paragraph (aabove) above in relation to Clause 23.1 (Authorisations) will occur if unless the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 20 Business Days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 27.2 (Non-payment) or and Clause 24.2 27.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility Agent Lender giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or Clause 24.2 (Financial covenants)).; (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within a period of 15 days Business Days from the earlier of the Facility date on which : (i) the Agent giving gives notice to the Company or Company; or (ii) the Company becoming becomes aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenantsBreach of financial covenants and other obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 fourteen (14) days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 20 Business Days of the Facility earlier of the Agent giving notice to the Company or the Company relevant Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenantsCovenant and other obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 10 days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than than, those referred to in Clause 24.1 23.1 (Non-payment) or Clause 24.2 (Financial covenants.)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 60 days of the Facility Agent giving notice to the Company Borrower or the Company an Obligor becoming aware of the failure to comply, whichever is the first to occur.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 14 Business Days of the Facility Agent giving notice to the Company Principal Guarantor or the Company Principal Guarantor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 26.1 (Non-Non- payment) or ); Clause 24.2 26.2 (Financial covenants) and 26.3 (General Undertakings)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 20 Business Days after the earlier to occur of the Facility Agent giving notice to the Company Original Borrower or the Company Original Borrower becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) of this Clause 23.3 above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days fifteen Business Days of the Facility Agent giving written notice to the Company Borrower or the Company Borrower becoming aware of the failure to complycomply whichever is the earlier.

Other Obligations. (a) An Obligor does not comply with any provision provisions of the Finance Documents (other than those referred to in Clause 24.1 19.1 (Non-paymentPayment) or Clause 24.2 19.2 (Financial covenantsMisrepresentation)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 14 days of the Facility earlier of (i) the Note Agent giving notice to the Company and (ii) the Company, the Parent or the Company any Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 19.2 (Non-payment) or and Clause 24.2 19.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility Agent giving notice to the Company or the Company relevant Obligor becoming aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 (Non-payment27.2 ( ) or and Clause 24.2 (Financial covenants27.3 ( )). (b) No Event of Default under paragraph paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days five Business Days of the Facility Agent Lender giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 Clauses 23.1 (Non-payment) or Clause 24.2 to 23.3 (Financial covenantsSanctions)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 20 Business Days of the earlier of (A) the Facility Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 25.2 (Non-payment) or and Clause 24.2 25.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 7 Business Days of the Facility Agent giving notice to the Company Borrower or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 27.2 (Non-payment) or and Clause 24.2 27.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility Agent giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 (Non-payment) or Clause 24.2 (Financial covenants)clause 27.1, clause 27.2 and clause 25.2(b). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisationsclause 27.3(a) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility earlier of: (i) the Agent giving notice to the Company or relevant Obligor; and (ii) the Company or the relevant Obligor becoming aware of the failure to comply.

Other Obligations. (a1) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause clauses 24.1 (Non-payment) or Clause and 24.2 (Financial covenants)). (b2) No Event of Default under paragraph (aclause 24.3(1) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the earlier of (A) the Facility Agent giving notice to the Company or Borrower and (B) the Company board of directors of the Borrower becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 18.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 26.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 20 days of the Facility earlier of: (i) the Agent giving notice to the Company or requiring the Company same to be remedied and (ii) an Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 27.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 (Non-paymentPayment) or and Clause 24.2 22 (Financial covenantsCovenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenantscovenants and other obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 10 days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 31.1 (Non-payment) or and Clause 24.2 29 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 30 days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenantscovenants and indebtedness)). (b) No Event of Default under paragraph (a) above in relation to this Clause 23.1 (Authorisations) 23.3 will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility Agent giving notice to the Company or the Company becoming aware date of the occurrence of such failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-Non payment) or and Clause 24.2 23.2 (Financial covenantsCertain obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 30 days of the Facility Agent Lender giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Any Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or ), Clause 24.2 22.2 (Financial covenants)). (b) No Event of Default under paragraph (aabove) above in relation to Clause 23.1 (Authorisations) will occur if unless the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 31.2 (Non-payment) or and Clause 24.2 31.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility Agent giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 26.2 (Non-payment) or and Clause 24.2 26.3 (Financial covenants)Specific obligations). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 30 calendar days of the Facility Agent giving notice to the Company Borrower or (if earlier) the Company Borrower becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or ), Clause 24.2 21.2 (Financial covenants)condition) and Clause 22.21 (Conditions subsequent). (b) No Event of Default will occur under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 30 days of the Facility earlier of (i) the Agent giving notice to the Company or and (ii) the Company becoming aware of the failure to complycomply provided that for the purpose of this paragraph the provisions of Clause 22.21 (Conditions subsequent) shall not be deemed capable of remedy.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days fifteen (15) Business Days of the Facility earlier of (A) the Agent giving notice to the Company or Borrower and (B) the Company Borrower becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 21 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days of the Facility Agent Lender giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision or covenant of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or Clause 24.2 (Financial covenants)). (b) No Event of Default under paragraph sub-clause (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days thirty (30) Business Days of the Facility Agent giving notice to the Company Borrower, or the Company relevant Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or ), Clause 24.2 21.16 (Certificate of Merger), Clause 22.2 (Financial covenants) and Clause 22.3 (Merger)). (b) No Event of Default (other than under paragraph (a) above in relation to Clause 23.1 (Authorisationsabove) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility earlier of the Agent giving notice to the Company or and the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Facility Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 22.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 30 days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenantsCovenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility Agent giving notice to the Company or (as applicable) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 21.1 (Non-payment)) or Clause 24.2 (Financial covenants))the Underwriting Documents. (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 20.3 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 27.2 (Non-payment) or and Clause 24.2 27.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days ten Business Days of the Facility Agent giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 20 Business Days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.. 93954-4-1-v3.0 -66- 70-40529536

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 22.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 21.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days five Business Days of the Facility earlier of (A) the Agent giving notice to the Company or and (B) the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 22.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 30 days of the Facility earlier of (A) the Agent giving written notice to the Company or the Company and (B) any Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Any Obligor or any Security Provider does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 21.1 (Non-payment) or and Clause 24.2 21.2 (Financial covenantsCovenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 30 days, of the Facility Agent earlier of (A) a Holder giving notice to the Company and (B) the Obligor or the Company Security Provider becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 25.1 (Non-payment) or ), Clause 24.2 25.2 (Financial covenantscovenants and Indebtedness) and Clause 25.3 (Company and Material Group Member profit)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days Business Days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 26.1 (Non-payment) or and Clause 24.2 26.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and it is so remedied within 15 30 days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Any Obligor does not comply with any provision of the Finance Documents binding on it (other than those referred to in Clause 24.1 22.1 (Non-payment) or and Clause 24.2 22.2 (Financial Breach of certain covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 20 Business Days of the Facility Administrative Agent giving notice to the Company Borrower or the Company Borrower becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 20 days of the Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.

Other Obligations. (a) An Obligor or the Security Provider does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 21.1 (Non-payment) or and Clause 24.2 21.2 (Financial covenantsCovenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 30 days, of the Facility Agent earlier of (A) a Holder giving notice to the Company and (B) the Obligor or the Company Security Provider becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 22.2 (Non-payment) or Clause 24.2 22.3 (Financial covenantsMaterial obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days three Business Days of the earlier of (i) the Facility Agent giving notice to the Company or the relevant Obligor and (ii) the Company or an Obligor becoming aware of the failure to comply.

Other Obligations. (a) An A Transaction Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 30.2 (Non-payment) or and Clause 24.2 30.3 (Financial covenantsSpecific obligations)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 days 10 Business Days of the Facility Agent giving notice to the Company Borrowers or the Company (if earlier) any Transaction Obligor becoming aware of the failure to comply.

Other Obligations. (a) An Obligor does not comply with any provision of the Finance Documents (other than those referred to in Clause 24.1 23.1 (Non-payment) or and Clause 24.2 23.2 (Financial covenants)). (b) No Event of Default under paragraph (a) above in relation to Clause 23.1 (Authorisations) will occur if the failure to comply is capable of remedy and is remedied within 15 20 days of the earlier of Facility Agent giving notice to the Company or the Company becoming aware of the failure to comply.