Common use of Failure to Perform Clause in Contracts

Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under any of the Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days (i) after written notice thereof shall have been given by MLBFS to Customer, or (ii) from Customer's receipt of any notice or knowledge of such default from any other source.

Appears in 10 contracts

Samples: Loan and Security Agreement (Yp Net Inc), Security Agreement (Lakeland Industries Inc), Loan Agreement (Yp Corp)

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Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement, the Note or any of the other Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days (i) after written notice thereof shall have been given by MLBFS to Customer, or (ii) from Customer's receipt of any notice or knowledge of such default from any other source.

Appears in 6 contracts

Samples: Term Loan and Security Agreement (Stockeryale Inc), Term Loan and Security Agreement (DND Technologies Inc), Term Loan and Security Agreement (Productivity Technologies Corp /)

Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement, the Note or any of the other Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days (i) after written notice thereof shall have been given by MLBFS MLC to Customer, or (ii) from Customer's receipt of any notice or knowledge of such default from any other source.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (Pac-West Telecomm Inc), Term Loan and Security Agreement (Pioneer Drilling Co), Term Loan and Security Agreement (Pac-West Telecomm Inc)

Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement, the Note or any of the other Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days (i) after written notice thereof shall have been given by MLBFS MLC to Customer, or (ii) from Customer's ’s receipt of any notice or knowledge of such default from any other source.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (Pac-West Telecomm Inc), Term Loan and Security Agreement (Pac-West Telecomm Inc), Term Loan and Security Agreement (Pac-West Telecomm Inc)

Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under any of the Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days (i) after written notice thereof shall have been given by MLBFS to Customer, or (ii) from Customer's ’s receipt of any notice or knowledge of such default from any other source.

Appears in 3 contracts

Samples: Loan and Security Agreement (Derma Sciences Inc), Security Agreement (Continucare Corp), Loan and Security Agreement (Continucare Corp)

Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement, the Note or any of the other Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days (i) after written notice thereof shall have been given by MLBFS to Customer, or (ii) from Customer's ’s receipt of any notice or knowledge of such default from any other source.

Appears in 2 contracts

Samples: Term Loan Agreement (Axtive Corp), Lynch Term Loan and Security Agreement (Thanksgiving Coffee Co Inc)

Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement, the Note or any of the other Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days (i) after written notice thereof shall have been given by MLBFS to Customer, or (ii) from Customer's receipt of any notice or knowledge of such default from any other source.. (c)

Appears in 1 contract

Samples: Merrill Lynch Term Loan and Security Agreement (Orbit International Corp)

Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement, the Note or any of the other Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days (i) after written notice thereof shall have been given by MLBFS to Customer, or (ii) from Customer's receipt of any notice or knowledge of such default from any other source.. (d)

Appears in 1 contract

Samples: Loan and Security Agreement (Orbit International Corp)

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Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement, the Note or any of the other Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten twenty (1020) Business Days after the earlier of (i) after written notice thereof shall have been given by MLBFS Administrative Agent to CustomerBorrower, or (ii) from Customer's receipt a Responsible Officer of any notice Borrower has, or in the exercise of reasonable diligence should have had, knowledge of such default from any other sourcedefault.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Clayton Williams Energy Inc /De)

Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under any of the Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days (i) after written notice thereof shall have been given by MLBFS to Customer, or Or (ii) from Customer's receipt of any notice or Of knowledge of such default from any other source.

Appears in 1 contract

Samples: Loan and Security Agreement (Collegiate Pacific Inc)

Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under any of the Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days (i) after written notice thereof shall have been given by MLBFS to Customer, or (ii) from Customer's ’s receipt of any notice or knowledge of such default from any other source.,

Appears in 1 contract

Samples: Loan and Security Agreement (Thanksgiving Coffee Co Inc)

Failure to Perform. Any Credit Party shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under any of the Loan Documents (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten thirty (1030) Business Days (i) after written notice thereof shall have been given by MLBFS to Customer, or (ii) from Customer's receipt of any notice or knowledge of such default from any other sourcedays.

Appears in 1 contract

Samples: Credit Agreement (Stratagene Corp)

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