Common use of Covenant Default Clause in Contracts

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b), 5.4 (solely with respect to maintenance of existence), 5.7(a), 5.9, or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or

Appears in 4 contracts

Samples: Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)

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Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.15.4, 5.2(b), 5.4 (solely with respect to maintenance of existence), 5.7(a)5.7, 5.9, 5.15 or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of hereof (other than Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured6.14); or

Appears in 4 contracts

Samples: Credit Agreement and Consent (CrossAmerica Partners LP), Credit Agreement (CrossAmerica Partners LP), Credit Agreement (CrossAmerica Partners LP)

Covenant Default. (i) Any Credit Party or any Subsidiary shall fail to perform, comply with perform or observe any term, covenant or agreement applicable to it contained in Sections Section 5.1, 5.2(b5.2(a) or (b), 5.4 (solely with respect to maintenance of existence)5.4, 5.7(a)5.7, 5.9, 5.18(c) or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or curedVI; or

Appears in 3 contracts

Samples: Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b), 5.4 (solely with respect to maintenance of the extent such covenant requires that the Credit Parties and their Subsidiaries preserve, renew and keep in full force and effect their corporate or other formative existence), 5.7(a)5.7, 5.9, 5.13, or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or

Appears in 3 contracts

Samples: Credit Agreement (Fiesta Restaurant Group, Inc.), Credit Agreement (Carrols Restaurant Group, Inc.), Credit Agreement (Carrols Restaurant Group, Inc.)

Covenant Default. (i) Any Credit Party shall fail fails to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections any of Section 5.1, 5.2(bSection 5.2(a), 5.4 (solely with respect to maintenance of existenceSection 5.3, Section 5.4, Section 5.5(a), 5.7(a)Section 5.7, Section 5.9, Section 5.10, Section 5.12, Section 5.14, Section 5.15, Section 5.17 or Section 5.18 or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or curedVI; or

Appears in 3 contracts

Samples: Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b5.2(a), 5.4 (solely with respect to maintenance of existence)5.4, 5.7(a), 5.9, 5.11, 5.13, 5.15(c) or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of hereof (other than Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured6.14); or

Appears in 2 contracts

Samples: Credit Agreement (Primo Water Corp), Credit Agreement (Primo Water Corp)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with perform or observe any term, covenant or agreement applicable to it contained in Sections 5.1Section 5.4, 5.2(b), 5.4 (solely with respect to maintenance of existence)5.5, 5.7(a), 5.95.12, 5.15 or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or curedVI; or

Appears in 2 contracts

Samples: Credit Agreement (Itron Inc /Wa/), Credit Agreement (Itron Inc /Wa/)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b)5.2, 5.4 (solely with respect to maintenance if any such Credit Party is not in good standing in its jurisdiction of existenceorganization), 5.7(a)5.7, 5.9, 5.11, 5.13, 5.14 or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or

Appears in 2 contracts

Samples: Credit Agreement (VOXX International Corp), Credit Agreement (VOXX International Corp)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.17.1, 5.2(b)7.2, 5.4 (solely with respect to maintenance of existence)7.4, 5.7(a)7.7, 5.97.9, or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of 7.11 and Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or8.

Appears in 2 contracts

Samples: Loan Agreement (National Instruments Corp), Loan Agreement (National Instruments Corp /De/)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b5.3(a), 5.4 (solely with respect to maintenance of existence)5.4, 5.7(a)5.7, 5.9, 5.9 or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of 5.15 or in Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured6; or

Appears in 2 contracts

Samples: Credit Agreement (Checkpoint Systems Inc), Credit Agreement (Checkpoint Systems Inc)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b)5.2, 5.4 (solely with respect to maintenance of existence)5.4, 5.7(a), 5.7(j), 5.9, 5.12, 5.14 or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of hereof (other than Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured6.14); or

Appears in 2 contracts

Samples: Credit Agreement (Innophos Holdings, Inc.), Credit Agreement (Innophos Holdings, Inc.)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with perform or observe any term, covenant or agreement applicable to it contained in Sections Section 5.1, 5.2(b5.2(a) or (b), 5.4 (solely with respect to maintenance of existence)5.4, 5.7(a)5.7, 5.9, 5.18(c) or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or curedVI; or

Appears in 1 contract

Samples: Credit Agreement (Esterline Technologies Corp)

Covenant Default. (ia) Any A Credit Party shall fail fails or neglects to perform, comply with perform any obligation in Section 5 or observe violates any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b), 5.4 (solely with respect to maintenance of existence), 5.7(a), 5.9, or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured6; or

Appears in 1 contract

Samples: Loan Agreement (Net Element International, Inc.)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.16.1, 5.2(b6.4, 6.7(b), 5.4 (solely with respect to maintenance of existence)6.9, 5.7(a), 5.9, 6.11 and 6.12 or Article VI VII hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or

Appears in 1 contract

Samples: Credit Agreement (UNITED THERAPEUTICS Corp)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b), 5.4 (solely with respect to maintenance of the extent such covenant requires that the Credit Parties and their Subsidiaries preserve, renew and keep in full force and effect their corporate or other formative existence), 5.7(a)5.7, 5.9, 5.13, 5.14(f) or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or

Appears in 1 contract

Samples: Credit Agreement (Carrols Restaurant Group, Inc.)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b)5.2, 5.4 (solely with respect to maintenance of existence)5.4, 5.7(a)5.7, 5.9, 5.11, 5.13, 5.15(d) or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or

Appears in 1 contract

Samples: Credit Agreement (Impax Laboratories Inc)

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Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b), 5.4 (solely with respect to maintenance of existence), 5.7(a)5.7, 5.9, 5.11, 5.16(c) or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or;

Appears in 1 contract

Samples: Credit Agreement (Atlas Merger Subsidiary, Inc.)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(a), 5.2(b), 5.4 (solely with respect to maintenance of existence5.2(e), 5.4, 5.7(a), 5.9, 5.11, 5.14 or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or

Appears in 1 contract

Samples: Credit Agreement (Ezcorp Inc)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections any of Section 5.1, 5.2(bSection 5.2(a), 5.4 (solely with respect to maintenance of existenceSection 5.3, Section 5.4, Section 5.5(a), 5.7(a)Section 5.7, Section 5.9, Section 5.10, Section 5.12, Section 5.14, Section 5.15, Section 5.17 or Section 5.18 or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or curedVI; or

Appears in 1 contract

Samples: Credit Agreement (GPM Petroleum LP)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in (A) Sections 5.15.4, 5.2(b)5.7, 5.4 5.9, 5.11, 5.15, 5.16 or Article VI hereof (solely other than Section 6.12) or (B) Sections 5.1 or 5.2 and, with respect to maintenance this clause (B) only, such breach or failure to comply is not cured within five (5) Business Days of existence), 5.7(a), 5.9, or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or curedits occurrence; or

Appears in 1 contract

Samples: Credit Agreement (Ani Pharmaceuticals Inc)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b), 5.4 (solely with respect to maintenance of existence), 5.7(a)5.7, 5.9, 5.11, 5.16(c) or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or

Appears in 1 contract

Samples: Note Purchase Agreement (Atlas Merger Subsidiary, Inc.)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b), 5.4 (solely with respect to maintenance of existence), 5.7(a), 5.9, or Article VI Section 5.9 hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or101

Appears in 1 contract

Samples: Credit Agreement (Arbor Realty Trust Inc)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.15.4, 5.2(b), 5.4 (solely with respect to maintenance of existence), 5.7(a)5.7, 5.9, 5.13 or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or;

Appears in 1 contract

Samples: Credit Agreement (Infospace Inc)

Covenant Default. (ia) Any applicable Credit Party shall fail fails or neglects to perform, comply with or observe perform any term, covenant or agreement applicable to it contained obligation in Sections 5.16.6, 5.2(b), 5.4 (solely with respect to maintenance of existence), 5.7(a), 5.9, 6.10 or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of 6.11 or violates any covenant in Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured7; or

Appears in 1 contract

Samples: Loan and Security Agreement (Mission Property Holdings LLC)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with perform or observe any term, covenant or agreement applicable to it contained in Sections 5.1Section 5.4, 5.2(b), 5.4 (solely with respect to maintenance of existence)5.5, 5.7(a), 5.95.12, 5.14 or Article VI hereof; provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or curedVI; or

Appears in 1 contract

Samples: Credit Agreement (Itron Inc /Wa/)

Covenant Default. (i) Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in Sections 5.1, 5.2(b)5.2, 5.4 (solely with respect to maintenance of existence)5.4, 5.7(a), 5.7(j), 5.9, 5.12, 5.14 or Article VI hereofhereof (other than Section 6.14); provided that an Event of Default arising solely as a result of a breach of Section 5.7(a) shall be deemed waived automatically without further action if the underlying Default or Event of Default for which notice was required to be delivered is waived or cured; or115

Appears in 1 contract

Samples: Credit Agreement (Innophos Holdings, Inc.)

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