Common use of Failure to Perform Clause in Contracts

Failure to Perform. Borrower’s failure to perform or observe any covenant, term or condition of this Agreement or in any other Loan Document.

Appears in 9 contracts

Samples: Loan and Security Agreement (Youngevity International, Inc.), Loan and Security Agreement (Reeds Inc), Loan and Security Agreement (BTHC X Inc)

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Failure to Perform. Borrower’s failure Borrower or any Obligor fails or neglects to perform perform, keep, or observe any material term, provision, condition, covenant, term or condition agreement contained in this Agreement, any of this Agreement the Loan Documents, or in any other Loan Documentpresent or future agreement between Borrower and Lender.

Appears in 3 contracts

Samples: Loan and Security Agreement (Visualant Inc), Loan and Security Agreement (Great American Group, Inc.), Loan and Security Agreement (Vertical Branding, Inc.)

Failure to Perform. Borrower’s failure If Borrower fails to perform perform, keep, or observe any material term, provision, condition, covenant, term or condition agreement contained in this Agreement, in any of this Agreement the Loan Documents, or in any other Loan Document.present or future agreement between Borrower and Banks or either of them;

Appears in 3 contracts

Samples: Loan Agreement (Prospect Acquisition Corp), Loan Agreement (Prospect Acquisition Corp), Loan Agreement (Kennedy Wilson Inc)

Failure to Perform. Borrower’s failure to perform or observe any material covenant, term or condition of this Agreement or in any other Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Greenwood Hall, Inc.), Loan and Security Agreement (Greenwood Hall, Inc.)

Failure to Perform. Borrower’s failure Borrower fails to perform or observe any covenant, term covenant or condition of agreement contained in this Agreement or in any other Loan DocumentAgreement.

Appears in 2 contracts

Samples: Loan Agreement (Sign Media Systems Inc), Loan Agreement (Sign Media Systems Inc)

Failure to Perform. Borrower’s 's failure in any material manner to perform perform, keep or observe any covenantterm, term provision, condition, representation, warranty, covenant or condition agreement contained in this Agreement, in any of this Agreement the Loan Documents or in any other Loan Document.present or future agreement between Borrower and LENDER;

Appears in 1 contract

Samples: Loan Agreement (Versadial, Inc.)

Failure to Perform. Borrower’s failure to perform or observe any covenant, term or condition of contained in this Agreement or in any other Loan Document, after giving effect to any applicable grace period.

Appears in 1 contract

Samples: Loan and Security Agreement (Jagged Peak, Inc.)

Failure to Perform. Borrower’s failure Borrower fails or neglects to perform perform, keep, or observe any term, provision, condition, covenant, term or condition agreement contained in this Agreement, any of this Agreement the Loan Documents, or in any other Loan Documentpresent or future agreement between Borrower and Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Orange 21 Inc.)

Failure to Perform. Borrower’s failure Borrower fails to perform or observe any covenantother term, term covenant or condition of agreement contained in this Agreement or in any other Loan Documentof the Related Documents to which it is a party.

Appears in 1 contract

Samples: Credit Reimbursement Agreement (Imaging Technologies Corp/Ca)

Failure to Perform. The Borrower’s 's failure to ------------------ perform or observe any covenant, term or condition of this Agreement to be performed or in any other Loan Documentobserved by the Borrower.

Appears in 1 contract

Samples: Credit and Security Agreement (Cadapult Graphic Systems Inc)

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Failure to Perform. Borrower’s failure Borrower fails or neglects to perform perform, keep, or observe any term, provision, condition, covenant, term or condition agreement contained in this Agreement, any of this Agreement the Loan Documents, or in any other Loan Documentpresent or future agreement between Borrowerand Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Mendocino Brewing Co Inc)

Failure to Perform. Borrower’s 's failure to perform perform, keep or observe any covenantterm, term provision, condition, representation, warranty, covenant or condition agreement contained in this Agreement, in any of this Agreement the Loan Documents or in any other Loan Document.present or future agreement between Borrower and Lender;

Appears in 1 contract

Samples: Loan and Security Agreement (Optical Cable Corp)

Failure to Perform. Borrower’s failure If Borrower fails to perform perform, keep, or observe any term, provision, condition, covenant, term or condition of agreement contained in this Agreement or in any of the other Loan Document.Documents;

Appears in 1 contract

Samples: Loan and Security Agreement (Bidz.com, Inc.)

Failure to Perform. Borrower’s failure Any Borrower shall fail to perform or observe any term, covenant, term or condition of agreement contained in this Agreement, the Security Agreement or in any other Loan Documentthe Note.

Appears in 1 contract

Samples: Purchase Agreement (Veridium Corp)

Failure to Perform. Borrower’s 's failure to perform or observe any covenant, term or condition of this Agreement to be performed or in any other Loan Documentobserved by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Intek Diversified Corp)

Failure to Perform. Borrower’s 's failure to perform or observe any covenant, term or condition of this Agreement or in under any other Loan Document.Relevant Documents to be performed or observed by Borrower;

Appears in 1 contract

Samples: Loan and Security Agreement (Bogen Communications International Inc)

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