Fourth Amendment Performance Due Date. The Note Parties shall promptly notify the Agent (for further distribution to the Holders) if they do not expect to comply with all of the Fourth Amendment Performance Milestones and other requirements of Appendix D by their respective Fourth Amendment Performance Due Dates and shall notify the Agent not later than three (3) Business Days after the Note Parties fail to fully comply with the Fourth Amendment Performance Milestones and reporting described in Appendix D by the applicable Fourth Amendment Performance Due Date. Without limiting the generality of the foregoing, failure at any time to comply with the permitted budget variance set forth in Appendix D or to timely deliver Variance Reports reflecting such compliance shall be a breach of the Performance Milestones.
Appears in 3 contracts
Sources: Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.), Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.), Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.)