Common use of 2Covenants Clause in Contracts

2Covenants. If any Loan Party or any of its Subsidiaries: (a) fails to perform or observe any covenant or other agreement contained in any of (i) Sections 3.6, 5.1, 5.2, 5.3 (solely if any Borrower is not in good standing in its jurisdiction of organization), 5.6, 5.7 (solely if any Borrower refuses to allow Agent or its representatives or agents to visit such Borrower’s properties, inspect its assets or books or records, examine and make copies of its books and records, or discuss such Borrower’s affairs, finances, and accounts with officers and employees of such Borrower), 5.10, 5.11, 5.13, 5.14, or 5.15 of this Agreement, (ii) Sections 6.1 through 6.16 of this Agreement, (iii) Section 7 of this Agreement, or (iv) Section 6 of the Security Agreement; (b) fails to perform or observe any covenant or other agreement contained in any of Sections 5.3 (other than if any Borrower is not in good standing in its jurisdiction of organization), 5.4, 5.5, 5.8, and 5.12 of this Agreement and such failure continues for a period of 10 days after the earlier of (i) the date on which such failure shall first become known to any senior officer of any Borrower or (ii) the date on which written notice thereof is given to Administrative Borrower by Agent; or (c) fails to perform or observe any covenant or other agreement contained in this Agreement, or in any of the other Loan Documents, in each case, other than any such covenant or agreement that is the subject of another provision of this Section 8 (in which event such other provision of this Section 8 shall govern), and such failure continues for a period of 30 days after the earlier of (i) the date on which such failure shall first become known to any senior officer of any Borrower or (ii) the date on which written notice thereof is given to Administrative Borrower by Agent;

Appears in 1 contract

Sources: Credit Agreement (Jack Cooper Holdings Corp.)

2Covenants. If any Loan Party or any of its Subsidiaries: (a) fails to perform or observe any covenant or other agreement contained in any of (i) Sections 3.6, 5.1, 5.2, 5.3 (solely if any Borrower is not in good standing in its jurisdiction of organization), 5.6, 5.7 (solely if any Borrower refuses refuses, within five days of a request by Agent, to allow Agent or its representatives or agents to visit such any Borrower’s properties, inspect its assets or books or records, examine and make copies of its books and records, or discuss such Borrower’s Borrowers’ affairs, finances, and accounts with officers and employees of such any Borrower), 5.10, 5.11, 5.13, 5.14, 5.11 or 5.15 5.14(b) of this Agreement, (ii) Sections 6.1 through 6.16 Section 6 of this Agreement, (iii) Section 7 of this Agreement, or (iv) Section 6 7 of the Guaranty and Security Agreement; (b) (x) fails to perform or observe any covenant or other agreement contained in any of Sections 5.3 (other than if any Borrower is not in good standing in its jurisdiction of organization), 5.4, 5.5, 5.8, 5.12, or 5.13 and 5.12 of this Agreement and such failure continues for a period of 10 ten days after the earlier of (i) the date on which such failure shall first become known to any senior officer Responsible Officer of any Borrower Loan Party, or (ii) the date on which written notice thereof is given to Administrative Borrower Borrowers by Agent; or (y) fails to perform or observe any covenant or other agreement contained in Section 5.14 (other than Section 5.14(b)) and such failure continues for a period of five days after the earlier of (i) the date on which such failure ​ ​ ​ ​ shall first become known to any Responsible Officer of any Loan Party, or (ii) the date on which written notice thereof is given to Borrowers by Agent; or (c) fails to perform or observe any covenant or other agreement contained in this Agreement, or in any of the other Loan Documents, in each case, other than any such covenant or agreement that is the subject of another provision of this Section 8 (in which event such other provision of this Section 8 shall govern), and such failure continues unremedied or unwaived for a period of 30 thirty days after the earlier of (i) the date on which such failure shall first become known to any senior officer Responsible Officer of any Borrower Loan Party, or (ii) the date on which written notice thereof is given to Administrative Borrower Borrowers by Agent;

Appears in 1 contract

Sources: Credit Agreement (CPI Card Group Inc.)

2Covenants. If any Loan Party or any of its Subsidiaries: (a) fails to perform or observe any covenant or other agreement contained in any of (i) Sections 3.6, 5.15.1(a), 5.1(b), 5.2, 5.3 of this Agreement (solely if any Borrower is not in good standing in its jurisdiction of organization), 5.65.6 of this Agreement (provided that, with respect to all provisions other than subsections (a) and (b) thereof, solely to the extent such provisions relate to Whole Aircraft or Whole Engines) or 5.7 of this Agreement (solely if any Borrower refuses to allow Agent or its representatives or agents to visit such any Borrower’s properties, inspect its assets or books or records, examine and make copies of its books and records, or discuss such Borrower’s Borrowers’ affairs, finances, and accounts with officers and employees of such any Borrower), 5.10, 5.11, 5.13, 5.14, or 5.15 ) of this Agreement, (ii) Sections 6.1 through 6.16 Section 6 of this Agreement, (iii) Section 7 of this Agreement, or (iv) Section 6 7 of the Guaranty and Security Agreement;; ​ (b) fails to perform or observe any covenant or other agreement contained in any of Sections 5.1(c), 5.3 of this Agreement (other than if any Borrower is not in good standing in its jurisdiction of organization), 5.4, 5.5, 5.8, and 5.12 5.10, 5.11, 5.12, 5.13, or 5.14 of this Agreement and such failure continues for a period of 10 ten days after the earlier of (i) the date on which such failure shall first become known to any senior officer of any Borrower Borrower, or (ii) the date on which written notice thereof is given to Administrative Borrower Borrowers by Agent; or (c) fails to perform or observe any covenant or other agreement contained in this Agreement, or in any of the other Loan Documents, in each case, other than any such covenant or agreement that is the subject of another provision of this Section 8 (in which event such other provision of this Section 8 shall govern), and such failure continues for a period of 30 thirty days after the earlier of (i) the date on which such failure shall first become known to any senior officer of any Borrower Borrower, or (ii) the date on which written notice thereof is given to Administrative Borrower Borrowers by Agent;

Appears in 1 contract

Sources: Credit Agreement (AerSale Corp)

2Covenants. If any Loan Party or any of its Subsidiaries: (a) fails to perform or observe any covenant or other agreement contained in any of (i) Sections 3.6, 5.1, 5.2, 5.3 (solely if any Borrower is not in good standing in its jurisdiction of organization), 5.6, 5.7 (solely if any Borrower refuses refuses, within five days of a request by Agent, to allow Agent or its representatives or agents to visit such any Borrower’s properties, inspect its assets or books or records, examine and make copies of its books and records, or discuss such Borrower’s Borrowers’ affairs, finances, and accounts with officers and employees of such any Borrower), 5.10, 5.11, 5.13, 5.14, 5.11 or 5.15 5.14(b) of this Agreement, (ii) Sections 6.1 through 6.16 Section 6 of this Agreement, (iii) Section 7 of this Agreement, or (iv) Section 6 7 of the Guaranty and Security Agreement; (b) (x) fails to perform or observe any covenant or other agreement contained in any of Sections 5.3 (other than if any Borrower is not in good standing in its jurisdiction of organization), 5.4, 5.5, 5.8, 5.12, or 5.13 and 5.12 of this Agreement and such failure continues for a period of 10 ten days after the earlier of (i) the date on which such failure shall first become known to any senior officer Responsible Officer of any Borrower Loan Party, or (ii) the date on which written notice thereof is given to Administrative Borrower Borrowers by Agent; or (y) fails to perform or observe any covenant or other agreement contained in Section 5.14 (other than Section 5.14(b)) and such failure continues for a period of five days after the earlier of (i) the date on which such failure shall first become known to any Responsible Officer of any Loan Party, or (ii) the date on which written notice thereof is given to Borrowers by Agent; or (c) fails to perform or observe any covenant or other agreement contained in this Agreement, or in any of the other Loan Documents, in each case, other than any such covenant or agreement that is the subject of another provision of this Section 8 (in which event such other provision of this Section 8 shall govern), and such failure continues unremedied or unwaived for a period of 30 thirty days after the earlier of (i) the date on which such failure shall first become known to any senior officer Responsible Officer of any Borrower Loan Party, or (ii) the date on which written notice thereof is given to Administrative Borrower Borrowers by Agent;

Appears in 1 contract

Sources: Credit Agreement (CPI Card Group Inc.)

2Covenants. If any Loan Party or any of its Subsidiaries: (a) fails to perform or observe any covenant or other agreement contained in any of (i) Sections 3.6, 5.15.1(a), 5.1(b), 5.2, 5.3 of this Agreement (solely if any Borrower is not in good standing in its jurisdiction of organization), 5.65.6 of this Agreement (provided that, with respect to all provisions other than subsections (a) and (b) thereof, solely to the extent such provisions relate to Whole Aircraft or Whole Engines) or 5.7 of this Agreement (solely if any Borrower refuses to allow Agent or its representatives or agents to visit such any Borrower’s properties, inspect its assets or books or records, examine and make copies of its books and records, or discuss such Borrower’s Borrowers’ affairs, finances, and accounts with officers and employees of such any Borrower), 5.10, 5.11, 5.13, 5.14, or 5.15 ) of this Agreement, (ii) Sections 6.1 through 6.16 Section 6 of this Agreement, (iii) Section 7 of this Agreement, or (iv) Section 6 7 of the Guaranty and Security Agreement; (b) fails to perform or observe any covenant or other agreement contained in any of Sections 5.1(c), 5.3 of this Agreement (other than if any Borrower is not in good standing in its jurisdiction of organization), 5.4, 5.5, 5.8, and 5.12 5.10, 5.11, 5.12, 5.13, or 5.14 of this Agreement and such failure continues for a period of 10 ten days after the earlier of (i) the date on which such failure shall first become known to any senior officer of any Borrower Borrower, or (ii) the date on which written notice thereof is given to Administrative Borrower Borrowers by Agent; or (c) fails to perform or observe any covenant or other agreement contained in this Agreement, or in any of the other Loan Documents, in each case, other than any such covenant or agreement that is the subject of another provision of this Section 8 (in which event such other provision of this Section 8 shall govern), and such failure continues for a period of 30 thirty days after the earlier of (i) the date on which such failure shall first become known to any senior officer of any Borrower Borrower, or (ii) the date on which written notice thereof is given to Administrative Borrower Borrowers by Agent;; [AerSale] Amended and Restated Credit Agreement ​ ​ ​

Appears in 1 contract

Sources: Credit Agreement (AerSale Corp)