Common use of Failure to Perform Clause in Contracts

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 17 contracts

Samples: Loan and Security Agreement (Dynacq Healthcare Inc), Loan and Security Agreement (Rent a Wreck of America Inc), Loan and Security Agreement (Rent a Wreck of America Inc)

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Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 8 contracts

Samples: Loan Agreement, Loan and Security Agreement (Stockeryale Inc), Loan and Security Agreement (Stockeryale Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 5 contracts

Samples: Letter Agreement (Sel-Leb Marketing Inc), Loan Agreement (Lakeland Industries Inc), Letter Agreement (Lakeland Industries Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) 10 Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 3 contracts

Samples: Note and Loan Agreement (Skymall Inc), Letter Agreement (Data Conversion Laboratory), Loan and Security Agreement (American Eco Corp)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Term WCMA Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) 10 Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 3 contracts

Samples: Loan and Security Agreement (Faro Technologies Inc), Wcma and Term Wcma Loan and Security Agreement Wcma and Term Wcma Loan and Security Agreement (U S Long Distance Corp), Loan and Security Agreement (DCC Compact Classics Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Term WCMA Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cd Warehouse Inc), Duramed Pharmaceuticals Inc

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this SectionSection ), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Samples: Loan Agreement (Genesis Media Group Inc /De/)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Term Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Samples: Loan Agreement (Sel-Leb Marketing Inc)

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Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Term Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Samples: Telecomm Industries Corp

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this SectionParagraph), and such default shall continue unremedied for ten (10) 10 Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Samples: Loan and Security Agreement (Barbeques Galore LTD)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Term WCMA Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), Paragraph) and such default shall continue unremedied for ten (10) 10 Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Samples: Loan and Security Agreement (Barbeques Galore LTD)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Samples: Lynch Term Loan and Security Agreement (Laser Pacific Media Corp)

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