Breaches of Certain Covenants. The Company or any of its Subsidiaries shall fail to observe or perform any covenant, obligation, condition or agreement set forth in Section 5 of this Note or the other Transaction Documents (other than those specified in Section 6(a)) and (i) such failure shall continue for thirty (30) days, or (ii) if such failure is not curable within such thirty (30) day period, but is reasonably capable of cure within forty-five (45) days, either (A) such failure shall continue for forty-five (45) days or (B) the Company or such Subsidiary shall not have commenced a cure in a manner reasonably satisfactory to the Holder within the initial thirty (30) day period; or
Breaches of Certain Covenants. The Company or any of its Subsidiaries shall fail to observe or perform any covenant, obligation, condition or agreement set forth in Section 6(d), 6(f) or 6(j) of this Note; or
Breaches of Certain Covenants. Borrower or any of its Subsidiaries shall fail to observe or perform any covenant, obligation, condition or agreement set forth in Section 4.3(b), Section 4.3(c), Section 4.3(d), Section 5.1(a), Section 5.1(c), Section 5.1(g), Section 5.2 or Section 5.3; or
Breaches of Certain Covenants. Company shall fall to observe or perform any covenant, obligation, condition or agreement set forth in Section 3 of this Note; or
Breaches of Certain Covenants. Either Borrower shall fail to observe or perform any covenant, obligation, condition or agreement made by Borrowers, any subsidiary or guarantor (other than those specified in Section 4(a)) contained in (i) Section 3(a) of this Note, (ii) Sections 13(a), 13(b), 13(c), 13(d), 13(e), 13(f), or 13(g) of the Guarantees, (iii) Sections 4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8, and 4.9 of the Security Agreements and (iv) Sections 4.5 and 4.9 of that certain Securities Purchase Agreement executed as of the same date as this Note (the “Securities Purchase Agreement”);
Breaches of Certain Covenants. The Borrower shall fail to observe or perform any other covenant, obligation, condition or agreement set forth in this Note; or
Breaches of Certain Covenants. The Company shall fail to observe or perform (i) any covenant, obligation, condition or agreement contained in Section 5(c), (d), (e), (f), (g), (j), (k) or (l) of this Note or (ii) any covenant, obligation, condition or agreement contained in Section 5(b) or 5(h) and such failure in the case of Sections 5(b) or 5(h) shall continue for five Business Days or (iii) any covenant, obligation, condition or agreement contained in Section 6(p) of the Note Purchase Agreement; or
Breaches of Certain Covenants. Any Party shall fail to observe or perform any covenant, obligation, condition or agreement set forth herein; or
Breaches of Certain Covenants. The Borrower shall fail to observe or perform any obligation under Sections 5(a) or (b) or Section 6 or Borrower materially breaches the First Refusal Agreement; or
Breaches of Certain Covenants. Consultant expressly acknowledges and agrees that a breach of either Paragraph 4, 6 or 7 of this Agreement will be treated as a material breach of this Agreement. Furthermore, any such breach would not be readily or appropriately compensable in damages, and Consultant expressly agrees and that each provision, restriction and/or covenant of such paragraphs shall be enforceable by injunctive relief.
