Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 or violates any of the covenants contained in Section 7 of this Agreement, or (b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be made during such cure period);
Appears in 2 contracts
Sources: Loan and Security Agreement (Intersearch Group Inc), Loan and Security Agreement (Intersearch Group Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9 or 6.6 6.10 or violates any of the covenants contained in Section Article 7 of this Agreement, Agreement or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; thereof provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 2 contracts
Sources: Loan and Security Agreement (Maker Communications Inc), Loan and Security Agreement (Maker Communications Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.72.9, 6.2 6.2, 6.3, 6.4, 6.5, 6.7, 6.8, 6.9 or 6.6 6.12 of this Agreement or violates any of the covenants contained in Section 7 of this Agreement, or
or (b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Documents and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be made during such cure period). Grace periods provided under this Section 8.2(b) shall not apply to financial covenants or any other covenants that are required to be satisfied, completed or tested by a date certain or as set forth in clause (a) above;
Appears in 2 contracts
Sources: Loan and Security Agreement (Tufin Software Technologies Ltd.), Loan and Security Agreement (Tufin Software Technologies Ltd.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7Section 6.3, 6.2 6.6, 6.7, 6.8, 6.9, or 6.6 6.10 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, provided that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) 10 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 2 contracts
Sources: Loan and Security Agreement (General Magic Inc), Loan and Security Agreement (General Magic Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12 or 6.6 6.13 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 2 contracts
Sources: Loan and Security Agreement (Vista Information Solutions Inc), Loan and Security Agreement (Safeguard Health Enterprises Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 6.7 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Bank, including the AR Financing Loan Agreement, and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be made during such cure period);
Appears in 2 contracts
Sources: Loan and Security Agreement (Netlogic Microsystems Inc), Loan and Security Agreement (Netlogic Microsystems Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7SECTIONS 6.3, 6.2 6.6, 6.7 or 6.6 6.8 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Lender and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 2 contracts
Sources: Subordination Agreement (Zindart LTD), Subordination Agreement (Intervisual Books Inc /Ca)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, or 6.6 6.10 or violates any of the covenants contained in Section Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 2 contracts
Sources: Loan and Security Agreement (Natural Microsystems Corp), Loan and Security Agreement (Natural Microsystems Corp)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7Section 6.1 (with respect to maintenance of Borrower’s existence), 6.2 6.3, 6.8, 6.9, 6.10 or 6.6 6.11, or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If ; or if Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, Agreement or in any other present or future agreement between Borrower and Bank a Lender, and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten fifteen (1015) days after the occurrence Borrower receives notice thereof or any Responsible Officer of Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day such period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) or other longer period of time as agreed upon by Administrative Agent in writing to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);
Appears in 2 contracts
Sources: Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8 or 6.6 6.9 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 2 contracts
Sources: Loan and Security Agreement (Bluestone Software Inc), Loan and Security Agreement (Astea International Inc)
Covenant Default. (a) If a Borrower fails to perform any obligation under Sections 2.2.7Article 6 (other than Section 6.1, 6.2 6.2, 6.4, 6.10(a), or 6.6 6.10(b)) or violates any of the covenants contained in Section Article 7 of this Agreement, ; or
(b) If a Borrower fails or neglects to perform, keep, perform or observe any obligation under Section 6.1, 6.2, 6.4, 6.10(a) or 6.10(b) or any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between a Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence a Borrower receives notice thereof or any officer of a Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower Borrowers be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower Borrowers shall have an additional reasonable period (which shall not in any case exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Advances Credit Extensions will be made during such cure period);made.
Appears in 2 contracts
Sources: Loan and Security Agreement (Identiv, Inc.), Loan and Security Agreement (Identiv, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 Article 6 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Bank, and as to any such failure to perform or default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such failure to perform or default within ten (10) days after the occurrence thereof; provided, however, that if the failure to perform or default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such failure to perform or default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such failure to perform or default, and within such reasonable time period the failure to have cured such failure to perform or default shall not be deemed an Event of Default (provided that no Advances will be made during such cure period)Default;
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, or 6.6 6.10, or violates any of the covenants contained in Section Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.5, 6.6, or 6.6 6.7 or violates any of the covenants contained in Section Article 7 of this Agreement, and such default is not cured within ten days after receipt by Borrower of notice of such default, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, Agreement or in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Documents and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereofreceipt by Borrower of notice of such default; provided, however, provided that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) 10 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Loans will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Integrated Packaging Assembly Corp)
Covenant Default. (a) If Borrower fails to perform any obligation under ---------------- Sections 2.2.76.3, 6.2 6.7, 6.8, 6.9, 6.10, 6.11 or 6.6 6.12 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any Responsible Officer of Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.2, 6.2 6.6 or 6.6 6.7 or violates any of the covenants contained in Section 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Lender and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 Article 6 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure cured and such default within ten failure continues for a period of thirty (1030) days after the occurrence notice thereof; provided, however, that if the default cannot by its nature be cured within the ten thirty (1030) day period or cannot after diligent attempts by Borrower be cured within such ten thirty (1030) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) additional days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Advances will Credit Extensions shall be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.763, 6.2 6.5, 66, 67, 68, 69, or 6.6 6.10, or violates any of the covenants contained in Section Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (C-Bridge Internet Solutions Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10 or 6.6 6.11 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be b6 cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Sagent Technology Inc)
Covenant Default. (a) If a Borrower fails to perform any obligation under Sections 2.2.76.1, 6.2 or 6.6 6.2, 6.5, 6.7, 6.8,or 6.9 or violates any of the covenants contained in Section Article 7 of this Agreement, ; or
(b) If a Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between such Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten thirty (1030) days after the occurrence either Borrower receives notice thereof or any Responsible Officer of such Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten thirty (1030) day period or cannot after diligent attempts by such Borrower be cured within such ten thirty (1030) day period, and such default is likely to be cured within a reasonable time, then such Borrower shall have an additional reasonable period (which shall not in any case exceed thirty sixty (3060) days) to attempt to cure such default, so long as such Borrower continues to diligently attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Advances Credit Extensions will be made during such cure period)made;
Appears in 1 contract
Sources: Loan and Security Agreement (Taiwan Liposome Company, Ltd.)
Covenant Default. (a1) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, or 6.6 6.12 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b2) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.7, 6.8, 6.9, or 6.6 6.10 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan Agreement (Advanced Technology Materials Inc /De/)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.9, or 6.6 6.13 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Maxim Pharmaceuticals Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 or violates any of the covenants contained in Section 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Sources: Senior Subordinated Loan and Security Agreement (Ross Technology Inc)
Covenant Default. (a) If Borrower fails falls to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6. 10 or 6.6 6. 11 or violates any of the covenants contained in Section Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If either Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 or 6.6 6.12 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If either Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between such Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by such Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then such Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7Section 6.1 (with respect to maintenance of Borrower’s existence), 6.2 6.3, 6.8, 6.9, 6.10 or 6.6 6.11, or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If ; or if Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, Agreement or in any other present or future agreement between Borrower and Bank a Lender, and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten fifteen (1015) days after the occurrence Borrower receives notice thereof or any Responsible Officer of Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day such period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) or other longer period of time as agreed upon by Agent in writing to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Ubiquiti Networks, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10, or 6.6 6.11 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) 20 days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) 20 day period or cannot after diligent attempts by Borrower be cured within such ten (10) 20 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower A Loan Party fails or neglects to perform any obligation under Sections 2.2.7in Section 6.2, 6.2 6.4, 6.5, 6.6, 6.7, 6.9, 6.10, 6.11, 6.13, 6.14 or 6.6 6.15, or violates any of the covenants contained covenant in Section 7 of this Agreement, or
7; or (b) If Borrower A Loan Party fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) 10 days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) -day period or cannot after diligent attempts by Borrower Borrowers be cured within such ten (10) -day period, and such default is likely to be cured within a reasonable time, then Borrower Borrowers shall have an additional reasonable period (which shall not not, in any case case, exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Advances Credit Extensions will be made during such cure period);made.
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9 or 6.6 6.10 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Manhattan Associates Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8 or 6.6 6.9 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails falls or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; thereof provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such 17 reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7SECTIONS 6.3, 6.2 or 6.6 6.7 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; EXHIBIT 10.13 provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);.
Appears in 1 contract
Sources: Senior Subordinated Loan and Security Agreement (Objectspace Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.7, 6.2 6.8, 6.9, 6.10, 6.11, 6.12 or 6.6 6.l3 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; , provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured additional reasonable period (which shall not incurred within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in a any case exceed thirty (30) days) to attempt to cure such default,, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);; If there occurs a material adverse change in Borrower's.
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.5, 6.6, 6.7, 6.8, 6.9, or 6.6 6.10 or violates any of the covenants contained in Section Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can 19 -19- be cured, has failed to cure such default within ten (10) days after the occurrence thereof; , provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails Borrowers fail to perform any obligation or meet any requirement under Sections 2.2.76.7, 6.2 6.8, 6.9 or 6.6 6.10 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If any Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between any Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence any Borrower receives notice thereof or any officer becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by such Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower Borrowers shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no such Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Article 6 (other than any obligation under Sections 2.2.76.2(a), 6.2 (b), (c), (f), (g) or (h), 6.6 or 6.7 as to which the cure period shall be fifteen (15) days) or violates any of the covenants contained in Section Article 7 of this Agreement, Agreement and such failure or violation shall continue for a period of at least thirty (30) days after written notice thereof by Bank; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Loan Document, and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten thirty (1030) days after the occurrence thereofBorrower receives written notice thereof by Bank; provided, however, that if the default cannot by its nature be cured within the ten thirty (1030) day period or cannot after diligent attempts by Borrower be cured within such ten thirty (1030) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Advances Credit Extensions will be made during such cure period)made;
Appears in 1 contract
Sources: Loan and Security Agreement (Orasure Technologies Inc)
Covenant Default. (a) If A Borrower fails or neglects to perform any obligation under in Sections 2.2.7, 6.2 6 or 6.6 Borrower or violates any of the covenants contained covenant in Section 7 of this Agreement, 7; or
(b) If A Borrower or any of its Subsidiaries fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the date that Borrower knew, or reasonably should have known, of the occurrence thereofof such default; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by such Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Advances will Credit Extensions shall be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Ligand Pharmaceuticals Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12 or 6.6 6.13 or violates any of the covenants contained in Section Article 7 of this Agreement, Agreement and such failure is not cured within thirty (30) days with respect to Borrower's obligations under Section 6.7 and 6.13; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten twenty (1020) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten twenty (1020) day period or cannot after diligent attempts by Borrower be cured within such ten twenty (1020) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);; 8
Appears in 1 contract
Sources: Loan and Security Agreement (Seachange International Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 or 6.6 6.8, 6.9, 6.10, 6.11, or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has as failed to cure such each default within ten (10) days after the occurrence Bank's giving of notice thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be made during such cure period)Default;
Appears in 1 contract
Covenant Default. (a) 8.2.1 If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.8, 6.9, or 6.6 6.10 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) 8.2.2 If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, provided that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) ten- day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If A Borrower fails or neglects to perform any obligation under Sections 2.2.7in Section 6.1, 6.2 or 6.6 6.2, 6.4, 6.5, 6.6, 6.7, 6.8, 6.10, 6.11, 6.12, and 6.13, or violates any of the covenants contained covenant in Section 7 of this Agreement, 7; or
(b) If A Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in clause (a) above) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided, howeverprovided that, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by a Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then such Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (Default, and provided further, however, that no Advances will Loans shall be made during such cure period);.
Appears in 1 contract
Sources: Loan and Security Agreement (Allurion Technologies Holdings, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10 or 6.6 6.11 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If or if Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8 or 6.6 6.9 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If or if Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Servicing Agent or Lenders and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Integrated Packaging Assembly Corp)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 or 6.6 6.12, or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10, or 6.6 6.11 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If a Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8 or 6.6 6.9 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If or if a Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between a Borrower and Bank Servicing Agent or Lenders and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by a Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then a Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Integrated Packaging Assembly Corp)
Covenant Default. (a) If a Borrower fails to perform any obligation under Sections 2.2.7Article 6 (other than Section 6.2, 6.2 6.4, 6.5, 6.10(a) or 6.6 6.10(b)) or violates any of the covenants contained in Section Article 7 of this Agreement, ; or
(b) If a Borrower fails or neglects to perform, keep, perform or observe any obligation under Section 6.2, 6.4, 6.5, 6.10(a) or 6.10(b) or any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between such Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten (10) twenty days after the occurrence such Borrower receives notice thereof or any officer of such Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) twenty day period or cannot after diligent attempts by such Borrower be cured within such ten (10) twenty day period, and such default is likely to be cured within a reasonable time, then such Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) an aggregate of 40 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Advances Credit Extensions will be made during such cure period);made.
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.5, 6.6, 6.7, 6.8, 6.9, or 6.6 6.10, or violates any of the covenants contained in Section Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, or 6.6 6.10 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.7, 6.8, 6.9 or 6.6 6.10, or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Focus Enhancements Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, or 6.6 6.9 or violates any of the covenants contained in Section Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, provision condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present person or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition covenant or agreement that can be cured, has failed to cure such default within ten thirty (1030) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten thirty (1030) day period or cannot after diligent attempts by Borrower be cured within such ten thirty (1030) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Equipment Advances will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
Covenant Default. (a) If a Borrower fails to perform any obligation under Sections 2.2.76.2, 6.2 6.4, 6.5, 6.6, 6.7, 6.9 or 6.6 6.11 or violates any of the covenants contained in Section 7 of this Agreement, ; or
(b) If a Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between a Borrower and Bank Lender and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten (10) 15 days after the occurrence a Borrower receives notice thereof or any officer of a Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) 15 day period or cannot after diligent attempts by Borrower Borrowers be cured within such ten (10) 15 day period, and such default is likely to be cured within a reasonable time, then Borrower Borrowers shall have an additional reasonable period (which shall not in any case exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be made during such cure period)Default;
Appears in 1 contract
Sources: Credit Agreement (Trupanion Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10 or 6.6 6.11, or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the other Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower Documents and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) 30 days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) such 30-day period or cannot after diligent attempts by Borrower be cured within such ten (10) 30-day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an a Borrower Event of Default (provided that no Advances Advance will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Crossroads Systems Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 Section 6.1 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, Agreement or in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank Documents and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) 10 days after the occurrence thereof; providedwritten notice from Bank, however, provided that if the default cannot by its nature be cured within the ten (10) 10 day -------- period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Loan will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under in Sections 2.2.76.2, 6.2 6.3 6.4 or 6.6 6.5 or violates any of the covenants contained covenant in Section 7 of this Agreement, or
(b) If 7; or Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in Section 8.2(a) and Sections 8.3 through 8.9) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty ten (3010) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Advances will Credit Extensions shall be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8 or 6.6 6.9 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails falls or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; thereof provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be made during such cure period);such
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 or 6.6 6.12 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8 or 6.6 6.9 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; , provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 or 6.6 6.6, 6.7, 6.8 and 6.9 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan Agreement (Tripath Imaging Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 or 6.6 through 6.12 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Article 6 (other than any obligation under Sections 2.2.76.2, 6.2 6.6 or 6.6 6.7 as to which the cure period shall be fifteen (15) days) or violates any of the covenants contained in Section Article 7 of this Agreement, Agreement and such failure or violation shall continue for a period of at least thirty (30) days after written notice thereof from Bank; or
(b) If Borrower fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten thirty (1030) days after the occurrence thereofBorrower receives notice thereof from Bank; provided, however, that if the default cannot by its nature be cured within the ten thirty (1030) day period or cannot after diligent attempts by Borrower be cured within such ten thirty (1030) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Advances Credit Extensions will be made during such cure period)made;
Appears in 1 contract
Sources: Loan and Security Agreement (Serviceware Technologies Inc/ Pa)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.8, 6.9, 6.10 or 6.6 6.11 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, provided that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) 10 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Loans will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If any Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 or 6.6 6.12 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If any Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between any Borrower (or both of them) and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten twenty (1020) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten twenty (1020) day period or cannot after diligent attempts by such Borrower be cured within such ten twenty (1020) day period, and such default is likely to be cured within a reasonable time, then such Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (SQL Financials International Inc /De)
Covenant Default. (a) If A Borrower fails or neglects to perform any obligation under Sections 2.2.7in Section 3.3(b), 6.2 Section 4.2, Section 6.2, 6.4, 6.5, 6.6, 6.7, 6.10, 6.11 or 6.6 6.13, or violates any of the covenants contained covenant in Section 7 of this Agreement, 7; or
(b) If Borrower A Loan Party fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower such Loan Party be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower such Loan Party shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Advances Loans will be made during such cure period);made.
Appears in 1 contract
Sources: Loan and Security Agreement (Tracon Pharmaceuticals, Inc.)
Covenant Default. (a) If any Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9 or 6.6 6.10, or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If any Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between any Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten thirty (1030) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower Borrowers be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower Borrowers shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Simione Central Holdings Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 Article 6 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank executed in connection therewith and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten (10) 30 days after the occurrence Borrower receives notice or Knowledge thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) 30 day period or cannot after diligent attempts by Borrower be cured within such ten (10) 30 day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Advances Credit Extensions will be made during such cure period)made;
Appears in 1 contract
Sources: Loan and Security Agreement (Asyst Technologies Inc /Ca/)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.7, 6.8, 6.9 or 6.6 6.10 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);.
Appears in 1 contract
Covenant Default. (a) If Borrower fails or neglects to perform any obligation under Sections 2.2.7, 6.2 or 6.6 in Article 6 or violates any of the covenants contained covenant in Section 7 of this Agreement, or
Article 7; or (b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in this Section 8) under such other term, provision, condition, covenant covenant, or agreement that can be cured, has failed to cure such the default within ten thirty (1030) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten thirty (1030) day period or cannot after diligent attempts by Borrower be cured within such ten thirty (1030) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty ninety (3090) additional days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (provided that but no Advances will additional Credit Extensions shall be made during such cure periodperiod and the Agent or any Lender may elect to apply the Default Interest Rate during such time);
Appears in 1 contract
Sources: Credit and Security Agreement (ScanTech AI Systems Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation ---------------- under Sections 2.2.76.7, 6.2 6.8, 6.9, 6.10, 6.11, 6.12 or 6.6 6.13 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any Responsible Officer of Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 Article 6 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) ten-day period or cannot after diligent attempts by Borrower be cured within such ten (10) ten-day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) 30 days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that Default, but no Advances Credit Extensions will be made during such cure period)made;
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 Article 6 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, perform or observe any other material term, provision, condition, covenant, or agreement covenant contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, condition or covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days30 days ) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that but no Advances Credit Extensions will be made during such cure period)made;
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7 or 6.6 6.8 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);):
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 or 6.6 6.12 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Copper Mountain Networks Inc)
Covenant Default. (a) If Borrower Any Note Party or any of its Subsidiaries fails or neglects to perform any obligation under in Sections 2.2.76.2, 6.2 6.5, 6.6, 6.7, 6.14 or 6.6 6.15 or violates any of the covenants contained covenant in Section 7 of this Agreement, 7; or
(b) If Borrower Any Note Party or any of its Subsidiaries fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, covenant or agreement contained in this Agreement, in Agreement or any of the Loan other Note Documents, or in any other present or future agreement between Borrower and Bank and as to any default (other than those specified in another clause of this Section 8) under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such the default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower the Note Parties and their Subsidiaries be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower the Note Parties and their Subsidiaries shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such cure the default shall not be deemed an Event of Default (Default. Grace or cure periods provided that no Advances will be made during such cure period)under this section shall not apply, among other things, to financial covenants or any other covenants set forth in Section 8.2(a) above;
Appears in 1 contract
Sources: Note Purchase and Security Agreement (Comverge, Inc.)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9, 6.10 or 6.6 6.11 or violates any of the covenants contained in Section Article 7 of this Agreement, ; or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.2, 6.2 6.4, 6.5 or 6.6 6.7 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.12, or 6.6 6.13 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Maxim Pharmaceuticals Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 Article 6 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days Business Days after the occurrence thereofBorrower receives written notice from Bank with respect thereto; provided, however, that if the default cannot by its nature be cured within the ten (10) day such period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty sixty (3060) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Sources: Loan and Security Agreement (Wj Communications Inc)
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.6, 6.7, 6.8, 6.9 or 6.6 6. 1 0 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.7, 6.2 or 6.6 Article 6 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower or fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence Borrower receives notice thereof or any officer of Borrower becomes aware thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Covenant Default. (a) If Borrower fails to perform any obligation under Sections 2.2.76.3, 6.2 6.5, 6.6, 6.7, 6.8 or 6.6 6.9 or violates any of the covenants contained in Section Article 7 of this Agreement, or
(b) If Borrower fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, or in any other present or future agreement between Borrower and Bank and as to any default under such other term, provision, condition, covenant or agreement that can be cured, has failed to cure such default within ten (10) days after the occurrence thereof; provided, however, that if the default cannot by its nature be cured within the ten (10) day period or cannot after diligent attempts by Borrower be cured within such ten (10) day period, and such default is likely to be cured within a reasonable time, then Borrower shall have an additional reasonable period (which shall not in any case exceed thirty (30) days) to attempt to cure such default, and within such reasonable time period the failure to have cured such default shall not be deemed an Event of Default (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract