Common use of Performance of Covenants by Warrant Agent Clause in Contracts

Performance of Covenants by Warrant Agent. Subject to Section 11.6, if the Company shall fail to perform any of its covenants contained in this Warrant Indenture and the Company has not rectified such failure within twenty-five (25) Business Days after either giving notice of such default pursuant to subsection 7.1(i) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders in the manner provided in Section 3.6 of such failure on the part of the Company or, subject to Section 11.1, may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to perform such covenants or to notify the Warrantholders of such performance by it. All reasonable sums expended or advanced by the Warrant Agent in so doing shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Warrant Agent shall relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Warrant Agent. Subject to Section 11.6section 9.7, if the Company shall shall: (a) fail to perform any of its covenants contained in this Warrant Indenture Indenture, excluding its covenants under section 5.2, and the Company has not rectified such failure within twenty-five (25) 10 Business Days after either giving notice of such default pursuant to subsection 7.1(i) or receiving written notice from the Warrant Agent of such failure; or (b) fail to perform any of its covenants under section 5.2 of this Indenture, the Warrant Agent may notify the Warrantholders in the manner provided in Section 3.6 of such failure on the part of the Company or, subject to Section 11.1, or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform such covenants or to notify the Warrantholders of such performance by itsaid covenants. All reasonable sums expended or advanced disbursed by the Warrant Agent in so doing shall be repayable as provided in Section 7.2section 5.4. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Warrant Agent. Subject to Section 11.6, if the Company shall fail to perform any of its covenants contained in this Warrant Indenture and the Company has not rectified such failure within twenty-five (25) Business Days after either giving notice of such default pursuant to subsection 7.1(i7.1(j) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders in the manner provided in Section 3.6 of such failure on the part of the Company or, subject to Section 11.1, may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to perform such covenants or to notify the Warrantholders of such performance by it. All reasonable sums expended or advanced by the Warrant Agent in so doing shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Warrant Agent shall relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Warrant Agent. Subject to Section 11.6, if If the Company Corporation shall fail to perform any of its covenants contained in this Warrant Indenture and the Company Corporation has not rectified such failure within twenty-five (25) 15 Business Days after either giving notice of such default pursuant to subsection 7.1(i) or receiving written notice in accordance with Article 9 from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders in the manner provided in Section 3.6 accordance with Article 9 of such failure on the part of the Company or, subject to Section 11.1, Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform such said covenants or to notify the Warrantholders of such performance by it. All reasonable sums expended or advanced disbursed by the Warrant Agent in so doing shall be repayable as provided in Section 7.24.3. No such performance, expenditure or advance disbursement, by the Warrant Agent shall be deemed to relieve the Company Corporation of any default hereunder or of its continuing obligations under the covenants herein containedin this Indenture.

Performance of Covenants by Warrant Agent. Subject to Section 11.6section 8.7, if the Company shall fail to perform any of its covenants contained in this Warrant Indenture and the Company has not rectified such failure within twenty-five (25) 25 Business Days after either giving notice of such default pursuant to subsection 7.1(i4.1(8) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders in the manner provided in Section 3.6 of such failure on the part of the Company or, subject to Section 11.1, or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform such said covenants or to notify the Warrantholders of such performance by itWarrantholders. All reasonable sums expended or advanced disbursed by the Warrant Agent in so doing shall be repayable as provided in Section 7.2section 4.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Warrant Agent. Subject to Section 11.6, if the Company shall fail to perform any of its covenants contained in this Warrant Indenture and the Company has not rectified such failure within twenty-five (25) Business Days after either giving notice of such default pursuant to subsection 7.1(i7.1(h) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders in the manner provided in Section 3.6 of such failure on the part of the Company or, subject to Section 11.1, may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to perform such covenants or to notify the Warrantholders of such performance by it. All reasonable sums expended or advanced by the Warrant Agent in so doing shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Warrant Agent shall relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Warrant Agent. Subject to Section 11.68.7, if the Company shall fail to perform any of its covenants contained in this Warrant Indenture and the Company has not rectified such failure within twenty-five (25) 25 Business Days after either giving notice of such default pursuant to subsection 7.1(iSection 4.1(9) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders in the manner provided in Section 3.6 of such failure on the part of the Company or, subject to Section 11.1, or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform such said covenants or to notify the Warrantholders of such performance by it. All reasonable sums expended or advanced disbursed by the Warrant Agent in so doing shall be repayable as provided in Section 7.24.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.