Common use of Breach of Covenant Clause in Contracts

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 100 contracts

Samples: Subscription Agreement (Valcent Products Inc.), Subscription Agreement (Viryanet LTD), Convertible Note (Avvaa World Health Care Products Inc)

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Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 77 contracts

Samples: Subscription Agreement (Mooney Aerospace Group LTD), Subscription Agreement (Sanguine Corp), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)

Breach of Covenant. The Borrower breaches any material other covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 40 contracts

Samples: Medical Care Technologies Inc., Medical Care Technologies Inc., Intelligent Living Inc.

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or Agreement, this Note or Transaction Document in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 39 contracts

Samples: Assignment and Escrow Agreement (Attitude Drinks Inc.), Secured Convertible Note (Attitude Drinks Inc.), Debt Exchange Agreement (Attitude Drinks Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of ten thirty (1030) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 28 contracts

Samples: Convertible Term Note (Axesstel Inc), Convertible Term Note (Axesstel Inc), Convertible Term Note (Axesstel Inc)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, in any such case, such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 22 contracts

Samples: Securities Purchase Agreement (Petrol Oil & Gas Inc), Subordination Agreement (Bio Key International Inc), Subordination Agreement (Bio Key International Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten thirty (1030) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 20 contracts

Samples: Security Agreement (Electric City Corp), Secured Revolving Note (Micro Component Technology Inc), Home Solutions of America Inc

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, any such case, such breach, if subject to cure, continues for a period of ten thirty (1030) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 20 contracts

Samples: Conversion Services International Inc, Pacific Biometrics Inc, Axtive Corp

Breach of Covenant. The Borrower breaches any material other covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 17 contracts

Samples: Caro Holdings Inc., Caro Holdings Inc., Caro Holdings Inc.

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 17 contracts

Samples: Security Agreement (Options Media Group Holdings, Inc.), Convertible Note (Omnimmune Holdings, Inc.), Convertible Note (BigString CORP)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, any such case, such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 13 contracts

Samples: Securities Purchase Agreement (Cci Group Inc), Secured Term Note (Creative Vistas Inc), Comc Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note or the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 13 contracts

Samples: Science Dynamics Corp, Science Dynamics Corp, Science Dynamics Corp

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or Securities Purchase Agreement, this Note or Transaction Document in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 12 contracts

Samples: Accident Prevention Plus Inc, Accident Prevention Plus Inc, Accident Prevention Plus Inc

Breach of Covenant. The Any Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 12 contracts

Samples: Secured Term Note (Thomas Equipment, Inc.), Secured Term Note (Thomas Equipment, Inc.), Secured Term Note (Thomas Equipment, Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holder.

Appears in 10 contracts

Samples: Blastgard International Inc, Wizzard Software Corp /Co, Wizzard Software Corp /Co

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 10 contracts

Samples: Wealthhound Com Inc, Wealthhound Com Inc, Wealthhound Com Inc

Breach of Covenant. The Borrower breaches any material covenant or ------------------ other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 9 contracts

Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 8 contracts

Samples: Secured Revolving Convertible Note (Digital Angel Corp), Digital Angel Corp, Digital Angel Corp

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect Note, and such breach, if subject to cure, breach continues for a period of ten thirty (1030) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 8 contracts

Samples: IIOT-OXYS, Inc., IIOT-OXYS, Inc., Desert Hawk Gold Corp.

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect, or the Borrowers or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, any such case, such breach, if subject to cure, continues for a period of ten twenty (1020) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 8 contracts

Samples: Magic Lantern Group Inc, Synergy Brands Inc, Synergy Brands Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in or any material respect other agreement to which the Borrower and Holder are both parties and such breach, if subject to cure, breach continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 7 contracts

Samples: Frederick Brewing Co, Frederick Brewing Co, Frederick Brewing Co

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement Agreement, Transaction Documents or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 7 contracts

Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Assignment and Escrow Agreement (Attitude Drinks Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, breach continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Ems Find, Inc.), Subscription Agreement (Lexington Energyservices Inc.), Nuvim Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 6 contracts

Samples: Metropolitan Health Networks Inc, Metropolitan Health Networks Inc, Metropolitan Health Networks Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement dated as of the date hereof by and between the Borrower and the Holder (the "Subscription Agreement") or this Note in any material respect and such breach, if subject to capable of cure, continues for a period of ten thirty (1030) business days after written notice to the Borrower from the Holder.

Appears in 6 contracts

Samples: Lifesciences Opportunities Inc, Lifesciences Opportunities Inc, Lifesciences Opportunities Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Infinite Group Inc), Securities Purchase Agreement (Infinite Group Inc), Subscription Agreement (Cybertel Communications Corp)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, breach continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 5 contracts

Samples: Convertible Note (Interiors Inc), Convertible Note (Interiors Inc), Convertible Note (Interiors Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 5 contracts

Samples: Assignment and Escrow Agreement (Attitude Drinks Inc.), Assignment and Escrow Agreement (Attitude Drinks Inc.), Extension Agreement (Attitude Drinks Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term term, or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, breach continues for in excess of a period of ten thirty (1030) business days after written notice to the Borrower from the a Holder.

Appears in 5 contracts

Samples: Nyiax, Inc., Nyiax, Inc., Nyiax, Inc.

Breach of Covenant. The Borrower breaches any material covenant ------------------ or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 5 contracts

Samples: Kaire Holdings Inc, Kaire Holdings Inc, One Voice Technologies Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Purchase Agreement (as hereafter defined) in any material respect and such breach, if subject to cure, continues for a period of ten five (105) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 5 contracts

Samples: Secured Term Note (Stockeryale Inc), Stockeryale Inc, Stockeryale Inc

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect respect, and such breach, if subject to cure, continues for a period of ten thirty (1030) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 5 contracts

Samples: Rentech Inc /Co/, Rentech Inc /Co/, Rentech Inc /Co/

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of ten five (105) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 4 contracts

Samples: Secured Term Note (Stockeryale Inc), Secured Term Note (Stockeryale Inc), Secured Term Note (Stockeryale Inc)

Breach of Covenant. The Any Borrower breaches any material covenant or other term or condition of this Note, the Subscription Security Agreement or this Note any Ancillary Agreement in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 4 contracts

Samples: Thomas Equipment, Inc., Maxim Mortgage Corp/, Thomas Equipment, Inc.

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or Agreement, this Note or other Transaction Document in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 4 contracts

Samples: China Biopharma, Inc., Collateral Agent Agreement (Hq Sustainable Maritime Industries, Inc.), Datascension Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of ten twenty (1020) business days after written notice to the Borrower from the Holder.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Nestor Inc), Nestor Inc, Nestor Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten five (105) business days after written notice to the Borrower from the Holder.

Appears in 4 contracts

Samples: Second Consolidated Agreement (Cellteck Inc.), Third Consolidated Amendment Agreement (Cellteck Inc.), First Consolidated Amendment Agreement (Cellteck Inc.)

Breach of Covenant. The Borrower breaches any material covenant or -------------------- other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 4 contracts

Samples: Imaging Technologies Corp/Ca, Imaging Technologies Corp/Ca, Imaging Technologies Corp/Ca

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement Agreement, Transaction Documents or this Note Note, except for a breach of payment, in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 3 contracts

Samples: Lockup Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)

Breach of Covenant. The Borrower breaches any material other covenant or other term or condition of the Subscription Purchase Agreement or this Note Debenture ) in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 3 contracts

Samples: Thinspace Technology, Inc., Thinspace Technology, Inc., Thinspace Technology, Inc.

Breach of Covenant. The Borrower breaches any material covenant under this or any other term Note (other than a breach contemplated by (a) or condition (b) above or the corresponding clauses of the Subscription Agreement or this Note in any material respect other Notes) and such breach, if subject to cure, breach continues uncured for a period of ten (10) business days after written notice to the Borrower from the HolderHolder or the holder of any other Note.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Park City Group Inc), Securities Agreement (Park City Group Inc), Securities Purchase Agreement (Park City Group Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note Note, in any material respect and such breach, if subject to cure, continues for a period of ten three (103) business days Business Day after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 3 contracts

Samples: Sheet (KonaRed Corp), KonaRed Corp, KonaRed Corp

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of the Subscription Agreement or this Note in any material respect and respect, in any such case, such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 3 contracts

Samples: Cryomass Technologies, Inc., Andina Gold Corp., Andina Gold Corp.

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Purchase Agreement (as hereafter defined) in any material respect and such breach, if subject to cure, continues for a period of ten five (105) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 3 contracts

Samples: Digital Angel Corp, Digital Angel Corp, Digital Angel Corp

Breach of Covenant. The Borrower breaches any material other covenant or other term or condition of the Subscription Purchase Agreement or this Note (including, without limitation, the use of proceeds from this Note in breach of Section 1.6 of this Note) in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 3 contracts

Samples: Thinspace Technology, Inc., Thinspace Technology, Inc., Thinspace Technology, Inc.

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten five (10) business days after written notice to the Borrower from the Holder.

Appears in 3 contracts

Samples: www.sec.gov, Acquisition of Assets (Smart-Tek Solutions Inc), Acquisition of Solvis Medical Group (Smart-Tek Solutions Inc)

Breach of Covenant. The Borrower breaches any material covenant or other ------------------ term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 3 contracts

Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)

Breach of Covenant. The Borrower breaches any material -------------------- covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 3 contracts

Samples: Global Telemedia International Inc, Global Telemedia International Inc, Global Telemedia International Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Note Purchase Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after the earlier of (i) written notice to the Borrower from the HolderHolder or (ii) the date that the Borrower learns of such breach.

Appears in 3 contracts

Samples: Note Purchase Agreement (Sun New Media Inc.), Note Purchase Agreement (Sun New Media Inc.), Note Purchase Agreement (PCS Edventures Com Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to capable of cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 3 contracts

Samples: Macrochem Corp, Macrochem Corp, Macrochem Corp

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement which has had, or could reasonably be expected to have, a Material Adverse Effect and, in any such case, such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 2 contracts

Samples: Powercold Corp, Powercold Corp

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement Agreement, Transaction Documents or this Note Note, except for a breach of payment, in any material respect and such breach, if subject to cure, continues for a period of ten twenty (1020) business days after written notice to the Borrower from the Holder.

Appears in 2 contracts

Samples: Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.)

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, any such case, such breach, if subject to cure, continues for a period of ten twenty (1020) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 2 contracts

Samples: Secured Digital Applications Inc, Catalyst Lighting Group Inc

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect, and, in any such case, such breach, if subject to cure, continues for a period of ten thirty (1030) business days after the Borrower’s receipt of written notice to the Borrower from the HolderHolder of such breach.

Appears in 2 contracts

Samples: Reorganization Agreement (SouthPeak Interactive CORP), Reorganization Agreement (SouthPeak Interactive CORP)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of this Note, the Subscription Purchase Agreement or this Note any Related Agreement in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 2 contracts

Samples: RPM Technologies Inc, Mitek Systems Inc

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and respect, any such case, such breach, if subject to cure, continues for a period of ten thirty (1030) business days after written notice to the Borrower from the Holderof such breach.

Appears in 2 contracts

Samples: Elinear Inc, Elinear Inc

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect, or the Borrower or any of its Subsidiaries breaches any covenant or any other term or condition of any Related Agreement in any material respect and and, in such case, such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 2 contracts

Samples: Secured Term Note (Coach Industries Group Inc), Coach Industries Group Inc

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of the Subscription Agreement Agreement, this Note, or this Note other Transaction Document in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 2 contracts

Samples: IDO Security Inc., IDO Security Inc.

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Note Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of ten thirty (1030) business days after written notice to the Borrower from the Holder.

Appears in 2 contracts

Samples: Note Purchase Agreement (Small World Kids Inc), Note Purchase Agreement (Small World Kids Inc)

Breach of Covenant. The Any Borrower breaches any material covenant or other term or condition of this Note, the Subscription Security Agreement or this Note any Ancillary Agreement in any material respect and such breach, if subject to cure, continues for a period of ten twenty (1020) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 2 contracts

Samples: Return on Investment Corp, Catalyst Lighting Group Inc

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note, the Subscription Purchase Agreement or this Note any Related Agreement in any material respect and respect, and, in any such case, such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 2 contracts

Samples: Securities Purchase Agreement (American Water Star Inc), American Water Star Inc

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Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or Agreement, this Note or other Transaction Document in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holder.

Appears in 2 contracts

Samples: Inrob Tech Ltd., Inrob Tech Ltd.

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holder.

Appears in 2 contracts

Samples: Tasker Products Corp, Millennium Biotechnologies Group Inc

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holder. Notwithstanding the forgoing, this provision shall not apply to delayed registration under the Subscription Agreement for which liquidated damages shall be the sole remedy.

Appears in 2 contracts

Samples: Advance Nanotech, Inc., Advance Nanotech, Inc.

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Amendment in any material respect and such breach, if subject to cure, continues for a period of ten thirty (1030) business days after written notice to the Borrower from the Holder.

Appears in 2 contracts

Samples: Note Purchase Agreement (Small World Kids Inc), Note Purchase Agreement (Small World Kids Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement Agreement, Transaction Documents or this Note Note, except for a breach of payment, in any material respect and such breach, if subject to cure, continues uncured for a period of ten (10) business days after written notice to the Borrower from the Holderdays.

Appears in 2 contracts

Samples: Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp), Security Agreement (ADVANCED MEDICAL ISOTOPE Corp)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 2 contracts

Samples: Lantis Laser Inc., Lantis Laser Inc.

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note, the Subscription Purchase Agreement or this Note any Related Agreement in any material respect and respect, and, in any such case, such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 2 contracts

Samples: Icoria, Inc., Clinical Data Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or Transaction Documents in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: BioMETRX

Breach of Covenant. The Borrower breaches any material covenant or ------------------ other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Global Sports & Entertainment Inc/

Breach of Covenant. The Borrower breaches any material other covenant or other term or condition of the Subscription Purchase Agreement or this Note Debenture in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Thinspace Technology, Inc.

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement Agreement, Transaction Document or this Note in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (AirtimeDSL)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 1 contract

Samples: AGU Entertainment Corp.

Breach of Covenant. The Borrower breaches any material -------------------- covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Amnis Systems Inc

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Debenture or the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten twenty (1020) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (Catalyst Ventures Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder, and provided that the default shall no longer apply if the Company cures such breach at any time after such ten business day period shall cause the Company.

Appears in 1 contract

Samples: Swiss Medica Inc

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of the Subscription Agreement or this Note Note, in any material respect and such breach, if subject to cure, continues for a period of ten twenty (1020) business days Business Days after written notice to the Borrower from the HolderLender.

Appears in 1 contract

Samples: Guardion Health Sciences, Inc.

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Purchase Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after the earlier of (i) written notice to the Borrower from the HolderHolder or (ii) the date that the Borrower learns of such breach.

Appears in 1 contract

Samples: Villageedocs Inc

Breach of Covenant. The Borrower breaches any material covenant or ------------------ other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Team Communications Group Inc

Breach of Covenant. The Borrower breaches any material covenant or ------------------ other term or condition of the Subscription Agreement or Agreement, this Note or Transaction Document in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: FTS Group, Inc.

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement of, or obligation under, this Note in any material respect or the Purchase Agreement and such breach, if subject to cure, continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Advanced Optics Electronics Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or Transaction Document in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Plangraphics Inc

Breach of Covenant. The Borrower breaches any material ------------------ covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten seven (107) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: One Voice Technologies Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement entered into in connection with this Note or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: General Components, Inc.

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement Agreement, Transaction Documents or this Note in any material respect and such breach, if subject to cure, continues for a period of ten seven (107) business days after written notice to the Borrower from the Holderdays.

Appears in 1 contract

Samples: Subscription Agreement (Megawest Energy Corp.)

Breach of Covenant. The Borrower or any of its Subsidiaries breaches any material covenant or other term or condition of this Note, the Subscription Purchase Agreement or this Note any Related Agreement in any material respect and such breach, if subject to cure, continues for a period of ten thirty (1030) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 1 contract

Samples: Note (Micro Component Technology Inc)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of ten thirty (1030) business days after written notice to the Borrower from the Holder.occurrence thereof. 7 -----------------------------------------------------------------------------------------------------

Appears in 1 contract

Samples: Ventures National Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect resulting in a Material Adverse Effect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Aegis Assessments Inc

Breach of Covenant. The Borrower breaches any material covenant or any other term or condition of this Note, the Subscription Purchase Agreement or this Note any Related Agreement in any material respect and that could reasonably be expected to have an Material Adverse Effect, and, in any such case, such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from the Holderoccurrence thereof.

Appears in 1 contract

Samples: Cardiogenesis Corp /Ca

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or Agreement, this Note or Transaction Document in any material respect and such breach, if subject to cure, continues for a period of ten (10) 15 business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Security Agreement (BioElectronics Corp)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten FIFTEEN (1015) business days Trading Days after written notice to the Borrower from the Holder.;

Appears in 1 contract

Samples: Red Giant Entertainment, Inc.

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten fifteen (1015) business days after written notice to the Borrower from any Holder. Notwithstanding the Holderforgoing, this provision shall not apply to delayed registration under the Subscription Agreement for which liquidated damages shall be the sole remedy.

Appears in 1 contract

Samples: Senior Secured Note (Advance Nanotech, Inc.)

Breach of Covenant. The Borrower or any Subsidiary breaches any material covenant or other term or condition of the Subscription Agreement or this Note Note, except for a breach of payment, in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Debt Exchange Agreement (Attitude Drinks Inc.)

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holderdays.

Appears in 1 contract

Samples: IDO Security Inc.

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or Agreement, this Note or other Transaction Documents in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Coffee Pacifica Inc

Breach of Covenant. The Borrower breaches any material covenant or other material term or condition of the Subscription Agreement or any other material term or condition of this Note in any material respect and such breach, if subject to cure, breach continues for a period of ten twelve (1012) business days after written notice to the Borrower from the Holder.days

Appears in 1 contract

Samples: Ever-Glory International Group, Inc.

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten thirty (1030) business days after written notice to the Borrower from Holders of Notes representing greater than fifty percent (50%) of the Holder.then outstanding principal of the Notes;

Appears in 1 contract

Samples: Silvergraph International Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Security Agreement entered into in connection with this Note or this Note in any material respect and such breach, if subject to cure, continues for a period of ten three (103) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Force Protection Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Purchase Agreement or this Note Debenture in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Ustelematics Inc

Breach of Covenant. The Borrower breaches any material covenant or other term or condition of the Subscription Agreement Second Amendment or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

Appears in 1 contract

Samples: Conspiracy Entertainment Holdings Inc

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