Common use of Non-Performance of Other Covenants and Obligations Clause in Contracts

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lenders.

Appears in 20 contracts

Samples: Credit Agreement (Advanstar Communications Inc), And Combined Credit Agreement (Merrill Corp), Credit Agreement (Weight Watchers International Inc)

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Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 16 contracts

Samples: Senior Secured Credit Agreement (Titan Corp), Credit Agreement (Dollar Thrifty Automotive Group Inc), Senior Secured Credit Agreement (Titan Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower shall default in the due performance and observance of any other agreement provision contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 10 contracts

Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co), Credit Agreement (Noble Energy Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of or the Required Lenders.

Appears in 9 contracts

Samples: Credit Agreement (Apache Corp), Credit Agreement (Apache Corp), Credit Agreement (Apache Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower or any Subsidiary shall default in the due performance and observance of any other covenant, obligation or agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (i) notice thereof shall have been given to the Borrower by the Administrative Agent at Lender or (ii) the direction date on which the Borrower has knowledge of the Required Lenderssuch default.

Appears in 8 contracts

Samples: Credit Agreement (TransMedics Group, Inc.), Credit Agreement (Avedro Inc), Credit Agreement (Natera, Inc.)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier of (a) the date of such default or the date on that any Obligor has knowledge of such Default, whichever is earlier, or (b) notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 7 contracts

Samples: Lien Credit Agreement (Energy XXI Texas, LP), Lien Credit Agreement (Energy Xxi (Bermuda) LTD), Credit Agreement (Energy Xxi (Bermuda) LTD)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after from the earlier of the date an Authorized Officer of such Obligor has actual knowledge thereof and the receipt by such Obligor of written notice thereof shall have been given to the Borrower by from the Administrative Agent at the direction of the Required LendersAgent.

Appears in 7 contracts

Samples: Credit Agreement (Duane Reade Realty Inc), Patent Security Agreement (Dri I Inc), Credit Agreement (Duane Reade Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor Borrower or any other Loan Party shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of or the Required Lenders.

Appears in 7 contracts

Samples: Credit Agreement (Apache Corp), Credit Agreement (APA Corp), Credit Agreement (APA Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower WWI by the Administrative Agent at the direction of the Required Lenders.

Appears in 7 contracts

Samples: Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Global Administrative Agent at the direction of or the Required Lenders.

Appears in 5 contracts

Samples: Credit Agreement (Apache Corp), Credit Agreement (Apache Corp), Credit Agreement (Apache Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower Company by the Administrative Agent at the direction of the Required Lenders.

Appears in 5 contracts

Samples: Security Agreement (Merrill Corp), Credit Agreement (Thermadyne Holdings Corp /De), Credit Agreement (Insilco Technologies Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (i) notice thereof shall have been given to the Borrower by the Administrative Agent at or any Lender or (ii) the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 5 contracts

Samples: Credit Agreement (Southern Bottled Water Co Inc), Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (a) notice thereof shall have been given to the Borrower by any Agent or any Lender or (b) the Administrative Agent at the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 5 contracts

Samples: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 5 contracts

Samples: Credit Agreement (McCormick & Co Inc), Credit Agreement (McCormick & Co Inc), Credit Agreement (McCormick & Co Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 45 days after the earlier to occur of (i) notice thereof shall have been given to the Holdings or any Borrower by the Administrative Agent at or any Lender or (ii) the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 4 contracts

Samples: Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Transportation Co Inc)

Non-Performance of Other Covenants and Obligations. Any The Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Term Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative any Agent, the Collateral Agent at the direction of the Required Lendersor any Term Loan Lender.

Appears in 4 contracts

Samples: Term Loan Agreement (Specialty Foods Corp), Term Loan Agreement (Specialty Foods Acquisition Corp), Term Loan Agreement (Specialty Foods Acquisition Corp)

Non-Performance of Other Covenants and Obligations. Any The Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 4 contracts

Samples: Credit Agreement (W-H Energy Services Inc), Credit Agreement (Prosource Inc), Credit Agreement (W-H Energy Services Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower Borrowers by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 4 contracts

Samples: Credit Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Dollar Thrifty Automotive Group Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and or observance of any other agreement contained herein or in any other Loan Document executed by itto which such Obligor is party, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the U.S. Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 4 contracts

Samples: Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 4 contracts

Samples: Patent Security Agreement (United Surgical Partners International Inc), Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Ust Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (i) notice thereof shall have been given to the Borrower Company by any Agent or any Lender or (ii) the Administrative Agent at the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 4 contracts

Samples: Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp), Original       Extended (Ferro Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 thirty (30) days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersLender.

Appears in 4 contracts

Samples: Borrower Copyright Security Agreement (Titan Corp), Borrower Copyright Security Agreement (Titan Corp), Borrower Copyright Security Agreement (Surebeam Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersLender.

Appears in 3 contracts

Samples: Credit Agreement (Kemper High Income Trust), Credit Agreement (Ing Us Capital LLC), Credit Agreement (Winokur Herbert S Jr)

Non-Performance of Other Covenants and Obligations. Any The -------------------------------------------------- Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 3 contracts

Samples: Credit Agreement (Tci Satellite Entertainment Inc), Credit Agreement (Roberts Pharmaceutical Corp), Credit Agreement (Primestar Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower Borrowers by the Administrative Agent at the direction of the Required Lenderseither Agent.

Appears in 3 contracts

Samples: Credit Agreement (WRC Media Inc), Credit Agreement (World Almanac Education Group Inc), Credit Agreement (WRC Media Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor There shall be a default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itBorrower, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersLender.

Appears in 3 contracts

Samples: Credit Agreement (Crescent Operating Inc), Credit Agreement (Crescent Operating Inc), Credit Agreement (Crescent Operating Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and or observance of any other agreement contained herein or in any other Loan Document executed by itit (other than Sections 8.1.1, 8.1.2 and 8.1.3), and such default shall continue unremedied for a period of 30 days after the earlier to occur of notice thereof shall have been given to the Borrower by the Administrative Agent at or any Lender or (ii) the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 3 contracts

Samples: Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 15 days after the Borrower shall become aware of such default, whether by notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender or otherwise.

Appears in 3 contracts

Samples: Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc)

Non-Performance of Other Covenants and Obligations. Any The Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 3 contracts

Samples: Credit Agreement (Adt Limited), Credit Agreement (Adt Limited), Credit Agreement (W-H Energy Services Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (i) notice thereof shall have been given to the Borrower Company by any Agent or (ii) the Administrative Agent at the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 3 contracts

Samples: Credit Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp), Credit Agreement (Ferro Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower or the Guarantor, as the case may be, shall default in the due performance and observance of any other agreement provision contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower or the Guarantor, as the case may be, by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 3 contracts

Samples: Term Loan Agreement (Noble Energy Inc), Noble Energy Inc, Noble Energy Inc

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 3 contracts

Samples: Credit Agreement (McCormick & Co Inc), Term Loan Agreement (McCormick & Co Inc), Credit Agreement (Whittaker Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 thirty (30) days after notice thereof shall have been given to the Administrative Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 2 contracts

Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (i) notice thereof shall have been given to the Borrower Borrowers by the Administrative Agent at or any Lender or (ii) the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 2 contracts

Samples: Credit Agreement (Sabre Industries, Inc.), Credit Agreement (Sabre Industries, Inc.)

Non-Performance of Other Covenants and Obligations. Any -------------------------------------------------- Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after such Obligor has knowledge thereof or notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 2 contracts

Samples: Credit Agreement (One Source Telecommunications Inc), Credit Agreement (Ameritel Pay Phones Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower shall default in the due performance and observance of fail to observe or perform any other covenant or other agreement contained herein in this Agreement or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lenders.

Appears in 2 contracts

Samples: Term Loan Agreement (WHX Corp), Term Loan Agreement (Wheeling Pittsburgh Corp /De/)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of (a) 15 days in the case of Section 7.1.1 (other than clause (d) thereof) and (b) 30 days in the case of any other agreement after the earlier to occur, in each case, of (i) notice thereof shall have been given to the any Borrower by the either Administrative Agent at or any Lender and (ii) the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 2 contracts

Samples: Credit Agreement (Mitel Networks Corp), Credit Agreement (Mitel Networks Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor The -------------------------------------------------- Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it(other than the Mortgage), and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at or an Event of Default shall occur under (and as defined in) the direction of the Required LendersMortgage.

Appears in 2 contracts

Samples: Security Agreement (Aristotle Corp), Credit Agreement (Aristotle Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Administrative Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 2 contracts

Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)

Non-Performance of Other Covenants and Obligations. Any The Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Nextel Partners Inc), Credit Agreement (Nextel Partners Inc)

Non-Performance of Other Covenants and Obligations. Any -------------------------------------------------- Obligor shall default in the due performance and observance of any covenant (other agreement than as provided above) contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 thirty days after written notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 2 contracts

Samples: Credit Agreement (Spiegel Inc), Revolving Credit Agreement (Spiegel Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 15 days after the earlier to occur of (i) notice thereof shall have been given to the Borrower by the Administrative Agent at or any Lender or (ii) the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 2 contracts

Samples: Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and or observance of any other agreement contained herein or in any other Loan Document executed by itto which such Obligor is party, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (i) notice thereof shall have having been given to the Borrower by the Administrative Agent at or any Lender or (ii) the direction date on which any Obligor first obtains knowledge of the Required Lenderssuch default.

Appears in 2 contracts

Samples: Credit Agreement (Champion Enterprises Inc), Credit Agreement (Champion Enterprises Inc)

Non-Performance of Other Covenants and Obligations. Any Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days (a) after notice thereof shall have been given to the U.S. Borrower by the Administrative any Agent at the direction or any Lender or (b) after any officer of the Required Lendersany Borrower obtains knowledge thereof.

Appears in 2 contracts

Samples: Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)

Non-Performance of Other Covenants and Obligations. Any Obligor Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after written notice thereof shall have been given to the any Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 2 contracts

Samples: Credit Agreement (Simpson Industries Inc), Credit Agreement (Simpson Industries Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (a) notice thereof shall have been given to the Parent Borrower by any Agent or any Lender or (b) the Administrative Agent at the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 2 contracts

Samples: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 10 days after notice thereof shall have been given to the Borrower such Obligor by the Administrative Agent at or the direction of the Required LendersIssuer.

Appears in 2 contracts

Samples: Credit Agreement (Magnum Hunter Resources Inc), Credit Agreement (Magnum Hunter Resources Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after written notice thereof shall have been given to the Borrower Company by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Sterling Chemical Inc), Revolving Credit Agreement (Sterling Chemical Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 2 contracts

Samples: Credit Agreement (Tower Automotive Inc), Credit Agreement (Graphic Packaging Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower shall default in the due performance and observance of any other agreement provision contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Noble Energy Inc), 364 Day Credit Agreement (Noble Energy Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (i) notice thereof shall have been given to the Borrower by the Administrative Agent at or any Lender or (ii) the direction date on which an officer of the Required Lendersany Obligor has knowledge of such default.

Appears in 2 contracts

Samples: Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower shall default in any material respect in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days 15 Business Days after written notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersLender.

Appears in 2 contracts

Samples: Credit Agreement (Lady Luck Gaming Corp), Credit Agreement (Isle of Capri Casinos Inc)

Non-Performance of Other Covenants and Obligations. Any The Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower or such other Obligor, as applicable, by the Administrative Agent at the direction of or the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Regal Cinemas Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower or any of its Restricted Subsidiaries shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, it (other than a breach described above in Sections 8.1.1 or 8.1.3) and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower or such Subsidiary by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Escalera Resources Co.)

Non-Performance of Other Covenants and Obligations. Any Obligor The -------------------------------------------------- Borrower shall default in the due performance and observance of any other covenant or agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after written notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Edison Mission Energy)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (i) notice thereof shall have been given to the Borrower ACT by the either Administrative Agent at or any Lender or (ii) the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 1 contract

Samples: Credit Agreement (3055854 Nova Scotia Co)

Non-Performance of Other Covenants and Obligations. Any -------------------------------------------------- Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Advanstar Inc)

Non-Performance of Other Covenants and Obligations. Any The Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 thirty (30) days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Sonoran Energy Inc)

Non-Performance of Other Covenants and Obligations. Any Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itit (other than those specified in Sections 8.1.1 or 8.1.3), and such default shall continue unremedied for a period of 30 thirty (30) days after notice thereof shall have been given to the Borrower Borrowers by the Administrative Agent at Agent, the direction of the Required LendersIssuer or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Copano Energy, L.L.C.)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other covenant, agreement or obligation contained herein or in any other Loan Document executed by applicable to it, and such default shall continue unremedied for a period of 30 20 days after the earlier of (a) the date of such default or the date on that any Obligor has knowledge of such Default, whichever is earlier, or (b) notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Radiant Oil & Gas Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor (including the Borrower) shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after written notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersLenders specifying such default and demanding that it be remedied.

Appears in 1 contract

Samples: Term Loan Agreement (Pioneer East Inc)

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Non-Performance of Other Covenants and Obligations. Any Obligor Except as set forth in clauses (a) – (c) above, Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of or the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Kayne Anderson Acquisition Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the any Borrower by the Administrative Agent Agents at the direction of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Mobile Services Group Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (a) notice thereof shall have been given to the Borrower by the Administrative Agent at or any Lender or (b) the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 1 contract

Samples: Bridge Loan Agreement (Hanesbrands Inc.)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier of notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Aegis Communications Group Inc)

Non-Performance of Other Covenants and Obligations. Any The Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of or the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (True Temper Sports Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to Holdings, Intermediate Holdings or the Borrower Company by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Railamerica Inc /De)

Non-Performance of Other Covenants and Obligations. Any -------------------------------------------------- Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 15 days after notice thereof shall have been given to the Borrower relevant Obligor and SIHL by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sun International North America Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document (other than items covered by Sections 8.1.1 or 8.1.3) executed by it, and such default shall continue unremedied for a period of 30 days after the Borrower has actual knowledge thereof or notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Foods Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor Either Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the such Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Ambac Financial Group Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Oregon Steel Mills Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower or any obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 45 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Corzon Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor (including the Borrower) shall default in the due performance and observance of any other agreement agreement, covenant or condition contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersspecifying such default and demanding that it be remedied.

Appears in 1 contract

Samples: Term Loan Agreement (Pioneer Companies Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier of (a) the date of such default or the date that any Obligor has knowledge of such Default, or (b) the date notice thereof shall have been is given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: First Lien Exit Credit Agreement (Energy XXI Gulf Coast, Inc.)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document (other than items covered by Sections 8.1.1 or 8.1.3) executed by it, and such default shall continue unremedied for a period of 30 days after any Borrower has actual knowledge thereof or notice thereof shall have been given to the Borrower USAM by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Security Agreement (Us Automotive Manufacturing Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (a) notice thereof shall have been given to the Borrower Company by any Agent or any Lender or (b) the Administrative Agent at the direction date on which any Obligor has knowledge of the Required Lenderssuch default.

Appears in 1 contract

Samples: Credit Agreement (Hanesbrands Inc.)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement obligations contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower Borrowers by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Adelphia Communications Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier of (a) the date on which any Obligor has knowledge of such Default or (b) notice thereof shall have been given to the Borrower Borrowers by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: First Lien Credit Agreement (Milagro Oil & Gas, Inc.)

Non-Performance of Other Covenants and Obligations. Any Obligor Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by itDocument, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersLender.

Appears in 1 contract

Samples: Loan Agreement (Nastech Pharmaceutical Co Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower Bairnco by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Bairnco Corp /De/)

Non-Performance of Other Covenants and Obligations. Any -------------------------------------------------- Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Stillwater Mining Co /De/)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 15 days after notice thereof shall have been given to the Borrower relevant Obligor and KIL by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Kerzner International LTD)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 thirty (30) days after notice thereof shall have been given to the Borrower such Obligor by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 1 contract

Samples: Secured Term Loan Agreement (Plains Resources Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Medaphis Corp)

Non-Performance of Other Covenants and Obligations. Any An Obligor shall default in the due performance and observance of any covenant or agreement (other agreement than those where such default is an Event of Default under Clause 17.4 (Non-Performance of Certain Covenants and Obligations)) contained herein or in any other Loan Finance Document executed by it, and such default shall continue unremedied for a period of 30 days after written notice thereof shall have been given to the Borrower relevant Obligor by the Administrative Agent at the direction of the Required LendersFacility Agent.

Appears in 1 contract

Samples: Facility Agreement (Edison Mission Energy)

Non-Performance of Other Covenants and Obligations. Any Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the any Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative any Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Stericycle Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and or observance of any other agreement contained herein or in any other Loan Document executed by itto which such Obligor is party, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative either Managing Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (North Shore Agency Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower shall default in the due performance and observance of any other agreement provision contained herein (not constituting an Event of Default under the preceding provisions of this Section 8.1) or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Noble Affiliates Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower relevant Obligor and KIL by the Administrative Agent at the direction of the Required LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Kerzner International Employment Services LTD)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Administrative Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower Borrowers by either Arranger or the Administrative Agent at the direction of the Required LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (WRC Media Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersdays.

Appears in 1 contract

Samples: Credit Agreement (United Surgical Partners International Inc)

Non-Performance of Other Covenants and Obligations. Any The Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days ten Business Days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Warnaco Group Inc /De/)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Credit Document executed by it, and such default shall continue unremedied for a period of 30 10 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Budget Group Inc)

Non-Performance of Other Covenants and Obligations. Any The Borrower or any other Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Vista Gold Corp)

Non-Performance of Other Covenants and Obligations. Any Obligor Guarantor or the Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Moore Corporation LTD)

Non-Performance of Other Covenants and Obligations. Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after the earlier to occur of (i) notice thereof shall have been given to the Borrower Parent by the Administrative Agent at or any Lender or (ii) the direction date on which an officer of the Required Lendersany Obligor has knowledge of such default.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Non-Performance of Other Covenants and Obligations. Any -------------------------------------------------- Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Buy Com Inc)

Non-Performance of Other Covenants and Obligations. Any Obligor The Borrower shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to the Borrower by the Administrative Agent at the direction of the Required Lendersor any Lender.

Appears in 1 contract

Samples: Credit Agreement (Thorn Apple Valley Inc)

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