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 (not otherwise addressed in this Article 12), which failure to perform or default in performance continues for a period of ten (10) days after any Credit Party receives notice from Lender of such failure to perform or default in performance (provided that if the failure to perform or default in performance is not capable of being cured, in Lender’s reasonable discretion, then the cure period set forth herein shall not be applicable and the failure or default shall be an immediate Event of Default hereunder).

Appears in 17 contracts

Samples: Senior Secured Credit Facility Agreement (Grow Solutions Holdings, Inc.), Senior Secured Revolving Credit Facility Agreement (Staffing Group, Ltd.), Consent and Agreement (Sack Lunch Productions Inc.)

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Nonperformance. Any failure by a Credit Party to perform or default in the performance of any covenant, condition or agreement contained in this Agreement (not otherwise addressed in this Article 1211), which failure to perform or default in performance continues for a period of ten thirty (1030) days after Borrower’s officers or directors receive notice or knowledge from any Credit Party receives notice from Lender source of such failure to perform or default in performance (provided that if the failure to perform or default in performance is not capable of being cured, in Lender’s reasonable sole discretion, then the cure period set forth herein shall not be applicable and the failure or default shall be an immediate Event of Default hereunder).

Appears in 5 contracts

Samples: Credit Facility Agreement (Cd International Enterprises, Inc.), Senior Secured Revolving Credit Facility Agreement (Encore Brands, Inc.), Credit Facility Agreement (Green Innovations Ltd.)

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), which failure to perform or default in performance continues for a period of ten thirty (1030) days after any Credit Party Borrower receives notice or knowledge from Lender any source of such failure to perform or default in performance (provided that if the failure to perform or default in performance is not capable of being cured, in Lender’s reasonable sole discretion, then the cure period set forth herein shall not be applicable and the failure or default shall be an immediate Event of Default hereunder).

Appears in 2 contracts

Samples: Credit Agreement (Jammin Java Corp.), Credit Agreement (Wowio, Inc.)

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)11) and, which if capable of being cured, such failure to perform or default in performance continues for a period of ten thirty (1030) days after any the Credit Party receives notice or knowledge from Lender any source of such failure to perform or default in performance (provided that if performance, or in the Loan Documents or any other agreement with the Lender and such failure to perform or default in performance is not capable of being cured, in Lender’s reasonable discretion, then the continues beyond any applicable grace or cure period set forth herein shall not be applicable and the failure or default shall be an immediate Event of Default hereunder)period.

Appears in 2 contracts

Samples: Credit Agreement (National Automation Services Inc), Credit Agreement (National Automation Services Inc)

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), which failure to perform or default in performance continues for a period of ten (10) days after any Credit Party receives notice from Lender of such failure to perform or default in performance (provided that if the failure to perform or default in performance is not capable of being cured, in Lender’s 's reasonable discretion, then the cure period set forth herein shall not be applicable and the failure or default shall be an immediate Event of Default hereunder).

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Agreement (Artec Global Media, Inc.)

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Nonperformance. Any material failure to perform or material default in the performance of any covenant, condition or agreement contained in this Agreement (not otherwise addressed in this Article 12Section 7.01), which failure to perform or default in performance continues for a period of ten (10) days after any Credit Party the Borrower receives notice from Lender of such failure to perform or default in performance (provided that if the failure to perform or default in performance is not capable of being cured, in Lender’s reasonable discretion, then the cure period set forth herein shall not be applicable and the failure or default shall be an immediate Event of Default hereunder).

Appears in 1 contract

Samples: Facility Agreement (Credex Corp)

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), which failure to perform or default in performance continues for a period of ten (10) days after any Credit Party receives notice from Lender of such failure to perform or default in performance (provided that if the failure to perform or default in performance is not capable of 61 being cured, in Lender’s reasonable discretion, then the cure period set forth herein shall not be applicable and the failure or default shall be an immediate Event of Default hereunder).

Appears in 1 contract

Samples: Secured Revolving Credit Facility Agreement (Pulse Beverage Corp)

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