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 any source of such failure to perform or default in performance.

Appears in 3 contracts

Samples: Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc)

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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 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.

Appears in 3 contracts

Samples: Loan and Security Agreement (Cti Industries Corp), Bridge Loan Agreement (Hunt J B Transport Services Inc), Loan and Security Agreement (Rockwell Medical Technologies Inc)

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 (305) days after the Borrower receives Borrowers receive notice or knowledge from any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Lender and such failure to perform or default in performance continues beyond any applicable grace or cure period.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amrep Corp.), Loan and Security Agreement (Amrep Corp.)

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 any source of such failure to perform or default in performance.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amtech Systems Inc), Loan and Security Agreement (Amtech Systems Inc)

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 any source the Bank of such failure to perform or default in performance.

Appears in 1 contract

Samples: Revolving Loan Agreement (Aar Corp)

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 (3010) days Business Days after the Borrower receives notice or knowledge from any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Lenders and such failure to perform or default in performance continues beyond any applicable grace or cure period.

Appears in 1 contract

Samples: Loan and Security Agreement (FC Global Realty Inc)

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 any source of such failure to perform or default in performance, or in any other agreement with the Bank and such failure to perform or default in performance continues beyond any applicable grace or cure period.

Appears in 1 contract

Samples: Loan and Security Agreement (Smithway Motor Xpress Corp)

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 any source of such failure to perform or default in performance, or in the other Loan Documents with the Lender and such failure to perform or default in performance continues beyond any applicable grace or cure period.

Appears in 1 contract

Samples: Subordinated Loan Agreement (TRC Companies Inc /De/)

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 any source of such failure to perform or default in performance.

Appears in 1 contract

Samples: Loan and Security Agreement (Ari Network Services Inc /Wi)

Nonperformance. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this Agreement andAgreement, if capable of being cured, or in the other Loan Documents or any other agreement with the Bank and such failure to perform or default in performance continues for a period of thirty (30) days after the earlier of the date on which Bank notifies Borrower receives notice or knowledge from any source of such failure to perform or default in performanceBorrower becomes aware of such failure.

Appears in 1 contract

Samples: Loan and Security Agreement (Parlux Fragrances Inc)

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 (305) days after the Borrower receives Borrowers receive notice or knowledge from any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Lender and such failure to perform or default in performance continues beyond any applicable grace or cure period.

Appears in 1 contract

Samples: Loan and Security Agreement (Amrep Corp)

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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 (3010) days after the Borrower Borrowers receives notice or knowledge from 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Lifeway Foods Inc)

Nonperformance. Any failure to perform or default in the performance by the Issuer of any covenant, condition or agreement contained in this Agreement Note 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 Issuer receives notice or knowledge from any source of such failure to perform or default in performance.

Appears in 1 contract

Samples: Secured Non (Ari Network Services Inc /Wi)

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 any source the Bank of such failure to perform or default in performance.

Appears in 1 contract

Samples: Revolving Loan Agreement (Aar Corp)

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 (3015) days Business Days after the Borrower receives written notice or knowledge from any source of such failure to perform or default in performance, or in the other Loan Documents or any other agreement with the Lenders and such failure to perform or default in performance continues beyond any applicable grace or cure period.

Appears in 1 contract

Samples: Loan and Security Agreement (FC Global Realty Inc)

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 (3010) days after the Borrower receives notice or knowledge from any source of such failure, to perform or default in performance, or in the Loan Documents or any other agreement with the Bank and such failure to perform or default in performanceperformance continues beyond any applicable grace or cure period.

Appears in 1 contract

Samples: Loan Agreement (Landauer Inc)

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 any source the Bank of such failure to perform or default in performance.

Appears in 1 contract

Samples: Loan Agreement (Fields MRS Original Cookies Inc)

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 any source the Lender of such failure to perform or default in performanceperformance or, if longer, the period of time permitted for a cure under the Loan Document under which such failure to perform or default occurs.

Appears in 1 contract

Samples: Loan Agreement (Golden Minerals Co)

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