Cures Sample Clauses

Cures. Any Default or Event of Default resulting from failure to provide notice pursuant to Section 6.03(a) shall be deemed not to be “continuing” or “existing” and shall be deemed cured upon delivery of such notice unless the Borrower knowingly fails to give timely notice of such Default or Event of Default as required hereunder.

Cures. If there shall occur any fact, event or circumstance for which Borrowers are required to give Agent notice under Section 8.2 above after the Closing Date, Borrowers shall take such action as is necessary to validly challenge or otherwise appropriately respond to such fact, event or circumstance within any timeframe required by applicable Healthcare Laws, and shall thereafter diligently pursue the same to a favorable conclusion, all to the effect that the fact, event or circumstance giving rise to Borrowers’ notice obligation under Section 8.2 shall be dismissed, rescinded, eliminated and otherwise cease to exist on that date which is the earlier to occur of (a) sixty (60) days after the date any Borrower or any of its Affiliates became aware of such fact, event or circumstance, or (b) the expiration of any cure period given under applicable Healthcare Laws; provided, however, that Borrowers will not permit to exist or occur any fact, event or circumstance which could cause any representation or warranty in the following subsections of Section 8.2 to be materially untrue, incomplete or incorrect or which could trigger an disclosure obligation under such subsections of Section 8.2: (a), (b)(i) and (g).

Cures. If Tenant is in default of its obligation to remove the Materials in violation of applicable law and such breach is not cured within the applicable cure period, and Landlord arranges for the removal of any Materials on the Premises that were caused by Tenant or the officers, employees, contractors, subcontractors, invitees, or agents of Tenant, the costs of such removal incurred by Landlord shall be paid by Tenant to Landlord within ten (10) calendar days of Landlord's written demand, with interest at the highest non-usurious rate permitted by Florida law per annum thereafter accruing.

Cures. In the case of a loan involving vio- lations described in section I.C.2.d.

Cures. In the event that the Contractor fails to meet performance standards for Mailing, Enrollment, Data Transfers and Reporting as referenced above, the State will send written notification and designate a period of time, not to be less than ten business days, in which the Contractor must provide a written response to the notification. Such response may include a corrective action plan which, among other things, will propose a cure period. The State shall review the response and either reject or accept the corrective action plan. If rejected, Contractor will propose a modified corrective action plan based on feedback from the State. Once the corrective action plan has been accepted by the State, Contractor will be afforded a reasonable cure implementation period, not less than 20 business days, during which time the Contractor may remedy the issue and return to compliance. Should the Contractor fail to remedy the issue, the State may notify the Contractor of its intent to assess the Payment Discount and the amount of the Payment Discount. All Payment Discounts will be deducted from the Contractor’s retainage payments as outlined above.

Cures. If there shall occur any fact, event or circumstance for which Borrowers are required to give Agent notice under Section 8.1 above after the Closing Date, Borrowers shall take, or shall cause, such action as is reasonably necessary to validly challenge or otherwise appropriately respond to such fact, event or circumstance within any timeframe required by applicable Healthcare Laws, and shall thereafter diligently pursue the same to a favorable (to the extent reasonably possible) conclusion, all to the effect that the fact, event or circumstance giving rise to Borrowers’ notice obligation under Section 8.1 shall be dismissed, rescinded, eliminated, cured or otherwise cease to exist on that date which is the earlier to occur of (a) one hundred eighty (180) days after the date any Borrower or any of its Affiliates became aware of such fact, event or circumstance, or (b) the expiration of any cure period given under applicable Healthcare Laws.

Cures. If there shall occur any fact, event or circumstance for which Borrowers are required to give Agent notice under Section 8.1 above after the Closing Date, Borrowers shall take such action as is necessary to validly challenge or otherwise appropriately respond to such fact, event or circumstance within any timeframe required by applicable Healthcare Laws, and shall thereafter diligently pursue the same to a favorable conclusion, all to the effect that the fact, event or circumstance giving rise to Borrowers’ notice obligation under Section 8.1 shall be dismissed, rescinded, eliminated and otherwise cease to exist on that date which is the earlier to occur of (a) sixty (60) days after the date any Borrower or any of its Affiliates became aware of such fact, event or circumstance, or (b) the expiration of any cure period given under applicable Healthcare Laws.

Cures. For the avoidance of doubt and without limiting the manner in which any Default can be cured: (a) a failure by the Company to send a notice in accordance with this Indenture and any related Default (or Event of Default) shall be deemed cured and shall cease to continue upon delivery of such notice to the applicable recipient; (b) if the Company fails to make any payment of principal of or interest on the Notes (or delivery of any other consideration in respect thereof) when due, such Default (or Event of Default) shall be deemed cured and shall cease to continue upon the making of such payment or delivery, as applicable, together with any accrued interest thereon, if applicable; and (c) a Reporting Event of Default shall be deemed cured and shall cease to continue at such time as the Company files the applicable report or reports that gave rise to such Reporting Event of Default (it being understood that any report that the Company files with the Commission through the E▇▇▇▇ system (or any successor thereto) will be deemed to be filed with the Trustee at the time such report is so filed via the E▇▇▇▇ system (or such successor)); provided that, for the avoidance of doubt, (x) the cure of any Event of Default shall not invalidate any acceleration of the Notes on account of such Event of Default that was properly effected prior to such time as such Event of Default was cured and (y) the cure of any Reporting Event of Default shall not affect the Company’s obligation to pay any Additional Interest that accrues prior to the time of such cure. In addition, if an Event of Default is cured or waived before any related notice of acceleration is delivered, such Event of Default shall be deemed cured and the Notes shall not be subject to acceleration on account of such Event of Default. (d) For the avoidance of doubt, nothing in this Section 6.12 shall constitute a waiver of or in any way limit the Trustee’s or any Holder’s right to institute suit for any damages incurred as a result of an Event of Default under this Indenture even if such Event of Default is subsequently cured.

Cures. For purposes of determining compliance with the Consolidated Leverage Ratio and the Holdco Interest Coverage Ratio, at the election of the Parent Guarantor, the proceeds of equity investments in the Parent Guarantor or the proceeds of Subordinated Indebtedness permitted by Section 10.01(j) received by the Parent Guarantor from Specified Equity Holders within 10 Business Days of the date the Borrower is required to deliver a Compliance Certificate for the applicable Reference Period pursuant to Section 9.01(c) (the amount of each such cash contribution, a “Cure Amount”) shall be deemed to increase Consolidated EBITDA and Holdco Cash Flow for such financial covenant test period (each such increase by a Cure Amount, a “Cure Event”); provided that: (i) The Parent Guarantor shall not elect to have a Cure Event more than twice per calendar year (and in no event in two consecutive fiscal quarters) up to a maximum of four Cure Events in total; (ii) The Cure Amount shall be no greater than the amount required to cause the Parent Guarantor to be in compliance with the respective covenant and in any event may not exceed 20% of Consolidated EBITDA or Holdco Cash Flow as calculated for the applicable Reference Period; (iii) To the extent the Parent Guarantor applies any Cure Amounts to reduce debt, such reduction shall be disregarded for the purposes of determining compliance with the financial covenant tests for the applicable Reference Period; and (iv) Cure Amounts shall be added to Consolidated EBITDA or Holdco Cash Flow as the case may be solely for the purpose of determining the existence of an Event of Default resulting from the breach of a financial covenant and will be disregarded for all other purposes.