Common use of Nonperformance Clause in Contracts

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] days after the Borrower receives notice or knowledge from the Bank of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance -------------- of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty five (30)] 5) days after the Borrower receives Borrowers receive notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank Lender and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being curedcured (including subsequent compliance with financial covenants contained in Section 10), such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement or any other Loan Document and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in Article 8, 9 or 10 hereof and, with respect to other Sections not expressly referred to in this Agreement andArticle 11, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement Agreement, or in the other Loan Documents or any other agreement with the Bank, and, if capable of being cured, such failure to perform or default in performance continues for a period of [(i) ten (10) days as to any failure or default in performance which may be cured by the payment of money or (ii) thirty (30)] ) days as to any other such failure or default in performance, after the Borrower receives written notice or knowledge from the Bank of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty ten (30)] days 10) Business Days after the Borrower receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank Lenders and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank Lender and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, and such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives Borrowers receive notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank Lender and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty five (30)] 5) days after the Borrower receives Borrowers receive notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank Lender and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty fifteen (30)] days 15) Business Days after the Borrower receives written notice or knowledge from the Bank of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank Lenders and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty ten (30)] 10) days after the Borrower Borrowers receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, (other than as set forth in Sections 14.1 and 14.3 above) or in any other Loan Document and such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower Borrowers receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty ten (30)] 10) days after the Borrower receives notice or knowledge from the Bank any source of such failure failure, to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement Agreement, and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or any failure to perform or default in the performance of any covenant, condition or agreement contained in any other Loan Documents or any other agreement with the Bank to which Borrower is a party and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any material covenant, condition or agreement contained in this Agreement andor in any Loan Document, if capable of being cured, and such failure to perform or default in performance (except for any obligation to pay money) continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank Lender of such failure to perform or default in performanceperformance or, or in if longer, the other period of time permitted for a cure under the Loan Documents or any other agreement with the Bank and Document under which such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreementoccurs.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement (not otherwise addressed in this Article 12) and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank Lender and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement and, if capable of being cured, and such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement (other than for the payment of Obligations) and, if capable of being cured, such failure to perform or default in performance continues for a period of [thirty (30)] ) days after the Borrower receives notice or knowledge from the Bank any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period. Notwithstanding this provision, there shall be no cure period for a breach of any covenant under Section 9 of this Agreement.