Common use of Non-Compliance with Loan Documents Clause in Contracts

Non-Compliance with Loan Documents. (a) Failure by any Borrower to comply with or to perform any covenant set forth in Sections 6.3(b) and (c), 6.5, 6.7, 6.9, 6.10 and 7; (b) failure by any Borrower to comply with or to perform any covenant set forth in Sections 6.1.1, 6.1.2, 6.1.3, 6.1.4, 6.1.5(a), and 6.1.8 and continuance of such failure for more than 5 days after the occurrence thereof; (c) failure by any Borrower to comply with or to perform any covenant set forth in Section 6.2 and continuance of such failure for more than 20 days after the occurrence thereof; or (d) failure by any Loan Party to comply with or to perform any other provision of this Agreement or any other Loan Document applicable to it (and not constituting an Event of Default under any other provision of this Section 8) and continuance of such failure described in this clause (d) for 30 days.

Appears in 4 contracts

Samples: Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.)

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Non-Compliance with Loan Documents. (a) Failure by any Borrower to comply with or to perform any covenant set forth in Sections 6.1.5(a), 6.3(b) and (c), 6.5, 6.7, 6.9, 6.10 and 7; (b) failure by any Borrower to comply with or to perform any covenant set forth in Sections 6.1.1, 6.1.2, 6.1.3, 6.1.4, 6.1.5(a), 6.1.6 and 6.1.8 6.9 and continuance of such failure described in this clause (b) for more than 5 days after the occurrence thereof3 Business Days; (c) failure by any Borrower provided, that such 3 Business Day cure period shall only be available with respect to up to 3 failures to comply with or to perform any covenant set forth the covenants contained in Section 6.2 and continuance each of such Sections during the term hereof, after which time any further such failure for more than 20 days after the occurrence thereofshall be an immediate Event of Default; or (dc) failure by any Loan Party to comply with or to perform any other provision of this Agreement or any other Loan Document applicable to it (and not constituting an Event of Default under any other provision of this Section 8) and continuance of such failure described in this clause (dc) for 30 days.

Appears in 2 contracts

Samples: Assignment Agreement (American Coin Merchandising Inc), Credit Agreement (American Coin Merchandising Inc)

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Non-Compliance with Loan Documents. (a) Failure by any Borrower to comply with or to perform any covenant set forth in Sections 6.3(b) and (c), 6.5, 6.7, 6.9, 6.10 and 7; (b) failure by any Borrower to comply with or to perform any covenant set forth in Sections 6.1.1, 6.1.2, 6.1.3, 6.1.4, 6.1.5(a), and 6.1.8 and continuance of such failure for more than 5 days after the occurrence thereof; (c) failure by any Borrower to comply with or to perform any covenant set forth in Section 6.2 and continuance of such failure for more than 20 days after the occurrence thereof; or (d) failure by any Loan Party to comply with or to perform (a) any covenant set forth in Sections 10.1.1, 10.1.2, 10.1.3, and continuance of such failure described in this clause (a) for 10 Business Days (or if any Loan Party has previously failed to comply with or perform any such covenant during the preceding 12 month period or twice during the term of this Agreement, for 5 Business Days), (b) any covenant set forth in Sections 10.1.4(a), 10.2, 10.3(b), 10.5(a), 10.6, 10.11, 10.12 or Section 11 (subject to the provisions of Section 13.4); or (c) any other provision of this Agreement or any other Loan Document applicable to it (and not constituting an Event of Default under any other provision of this Section 8) 13) and continuance of such failure described in this clause (dc) for 30 days.

Appears in 1 contract

Samples: Credit Agreement (Xponential Fitness, Inc.)

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