Particular Covenant Defaults. (i) Borrower shall fail to perform or observe any covenant contained in Section 5.1(i), 5.2(b), 5.2(d), 5.2(h) (by reason of a failure to comply with Section 5.3(a) on a pro forma basis with respect to an Investment) or 5.3(a); or (ii) Borrower shall fail to perform or observe any covenant contained in Section 5.2(e), 5.2(f), 5.2(g), 5.2(h) (by reason of a failure to comply with Section 5.3(b) on a pro forma basis with respect to an Investment) or 5.3(b) and such failure shall remain unremedied for 10 Banking Days after the earliest of (i) such failure first becoming known to Borrower, (ii) the date on which Borrower could reasonably have been expected to have known of such failure and (iii) the date on which a written notice thereof shall have been given to Borrower by Agent or any Bank; or
Appears in 2 contracts
Samples: Credit Agreement (Midamerican Energy Holdings Co /New/), Credit Agreement (Midamerican Energy Holdings Co /New/)
Particular Covenant Defaults. (i) Borrower shall fail to perform or observe any covenant contained in Section 5.1(i), 5.2(b), 5.2(d), 5.2(h) (by reason of a failure to comply with Section 5.3(a) on a pro forma basis with respect to an Investment) or 5.3(a); or
(ii) Borrower shall fail to perform or observe any covenant contained in Section 5.2(e), 5.2(f), 5.2(g), 5.2(h) (by reason of a failure to comply with Section 5.3(b) on a pro forma basis with respect to an Investment) or 5.3(b) and such failure shall remain unremedied for 10 ten (10) Banking Days after the earliest of (i) such failure first becoming known to Borrower, (ii) the date on which Borrower could reasonably have been expected to have known of such failure and (iii) the date on which a written notice thereof shall have been given to Borrower by Agent or any Bank; or
Appears in 2 contracts
Samples: Credit Agreement (Midamerican Energy Holdings Co /New/), Credit Agreement (Midamerican Energy Holdings Co /New/)