Common use of Other Defaults Clause in Contracts

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failure; or

Appears in 15 contracts

Samples: Credit Agreement (Tesoro Logistics Lp), Credit Agreement (Tesoro Corp /New/), Credit Agreement (Andeavor Logistics Lp)

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Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of written notice thereof of such default by a Responsible Officer of the Borrower from the Administrative Agent or Required Lenders to the BorrowerAgent, or (ii) a any Responsible Officer otherwise has actual knowledge of any the Borrower becomes aware of such failuredefault; or

Appears in 13 contracts

Samples: Credit Agreement (Walter Industries Inc /New/), Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Group, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (ix) receipt of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) date upon which a Responsible Officer otherwise has actual of the Borrower or the Parent obtains knowledge of any such failurefailure or (y) the date upon which the Borrower or the Parent has received written notice of such failure from the Administrative Agent; or

Appears in 10 contracts

Samples: Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty OP, L.P.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after from the earlier to occur of (i) receipt the date that any Responsible Officer of written notice a Loan Party has actual knowledge thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge the date that the Administrative Agent delivers to Borrower written notice of any such failure; or

Appears in 9 contracts

Samples: Assignment and Assumption (Cenveo, Inc), Credit Agreement (Cenveo, Inc), Credit Agreement (Cenveo, Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, Company having knowledge of such Default or (ii) a Responsible Officer otherwise has actual knowledge the receipt by any Borrower or any other Loan Party of written notice from the Administrative Agent or any Lender of such failureDefault; or

Appears in 9 contracts

Samples: Bridge Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt the Borrower has knowledge of such Event of Default or (ii) the Borrower receives written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureAgent; or

Appears in 7 contracts

Samples: Security Agreement (Suburban Propane Partners Lp), Existing Credit Agreement (Suburban Propane Partners Lp), Security Agreement (Suburban Propane Partners Lp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a), (b) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty days after the earlier to occur of (i) the Borrower’s receipt of written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual obtaining knowledge of any such failurethereof; or

Appears in 7 contracts

Samples: Credit Agreement (Joy Global Inc), Bridge Loan Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a), (b) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, Borrower has knowledge of such failure or (ii) a Responsible Officer otherwise has actual knowledge notice thereof from the Administrative Agent to the Borrower (which notice will be given at the request of any such failureLender); or

Appears in 7 contracts

Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)

Other Defaults. Any The Borrower or any other Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (i) receipt actual knowledge thereof by a Responsible Officer of written the applicable Loan Party and notice thereof from by the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failure; or

Appears in 6 contracts

Samples: Credit Agreement (Station Casinos LLC), Credit Agreement (Station Casinos LLC), Credit Agreement (Station Casinos LLC)

Other Defaults. Any The Borrower or any other Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of the Borrower’s knowledge and (ii) the Borrower receives written notice thereof specifying the default from the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureAgent; or

Appears in 6 contracts

Samples: Credit Agreement (Powersecure International, Inc.), Term Credit Agreement (Powersecure International, Inc.), Credit Agreement (Powersecure International, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after following the earlier to occur of (i) receipt the date a Responsible Officer of the Borrower becomes aware of such failure and (ii) the date on which written notice thereof from is delivered by the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureBorrower in accordance with Section 10.02(a)(i); or

Appears in 6 contracts

Samples: Credit Agreement (Entercom Communications Corp), Credit Agreement (CBS Radio Inc.), Credit Agreement (CBS Radio Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier first to occur of (i1) knowledge of the existence of such failure by an officer of the Borrower and (2) receipt of written notice thereof from the Administrative Agent identifying the particular failure to perform or Required Lenders to the Borrower, observe such covenant or (ii) a Responsible Officer otherwise has actual knowledge of any such failureagreement; or

Appears in 6 contracts

Samples: Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 7.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt notice of written notice thereof from such default shall have been given to the Borrower by the Administrative Agent or Required Lenders to the Borrower, or and (ii) a Responsible Officer otherwise has of any Loan Party shall have actual knowledge of any such failure; or

Appears in 6 contracts

Samples: Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues default shall not have been remedied or waived for 30 days after the earlier to occur of (i) the date an officer of such Loan Party becomes aware or should have become aware of such default or (ii) receipt by the Lead Borrower of written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failuredefault; or

Appears in 5 contracts

Samples: Credit Agreement (Gsi Group Inc), Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc)

Other Defaults. (i) Any Loan Party fails to perform or observe any other covenant or agreement in Section 6.01 or 6.02 on its part to be performed or observed, and such failure continues for 15 days, or (ii) any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a) or (b) aboveof this Section 8.01 or clause (i) of this Section 8.01(c)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge any Lender of any such failureDefault; or

Appears in 5 contracts

Samples: Term Loan Agreement (Hasbro, Inc.), Revolving Credit Agreement (Hasbro, Inc.), Term Loan Agreement (Hasbro, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of written notice thereof of such default by a Responsible Officer of the Borrower Agent from the Administrative Agent or Required Lenders to the BorrowerAgent, or (ii) a any Responsible Officer otherwise has actual knowledge of any Loan Party becomes aware of such failuredefault; or

Appears in 5 contracts

Samples: Credit Agreement (StarTek, Inc.), Term Loan Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Intrepid Potash, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt a Responsible Officer thereof obtaining actual knowledge of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or such failure and (ii) a Responsible Officer otherwise has actual knowledge the Company receiving notice of such failure from the Administrative Agent (which notice shall be given at the request of any such failureLender); or

Appears in 5 contracts

Samples: Credit Agreement (W. P. Carey Inc.), Credit Agreement (W P Carey & Co LLC), Credit Agreement (W P Carey & Co LLC)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 9.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after of the earlier to occur of (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, any Loan Party has knowledge of such failure or (ii) a Responsible Officer otherwise has actual knowledge receipt by ESI of any notice from the Administrative Agent or the Required Lenders of such failuredefault; or

Appears in 5 contracts

Samples: Credit Agreement (Element Solutions Inc), Credit Agreement (Element Solutions Inc), Credit Agreement (Element Solutions Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 9.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after of the earlier to occur of (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, any Loan Party has knowledge of such failure or (ii) a Responsible Officer otherwise has actual knowledge receipt by Holdings of any notice from the Administrative Agent or the Required Lenders of such failuredefault; or

Appears in 4 contracts

Samples: Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of any Borrower’s obtaining knowledge thereof or (ii) written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or Company (ii) a Responsible Officer otherwise has actual knowledge which notice will be given at the request of any such failureLender); or

Appears in 4 contracts

Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, such Loan Party becoming aware of such default or (ii) a Responsible Officer otherwise has actual knowledge receipt by such Loan Party of notice from the Administrative Agent or any Lender of such failuredefault; or

Appears in 4 contracts

Samples: Credit Agreement (Avient Corp), Security Agreement (Polyone Corp), Credit Agreement (Polyone Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (bSection 8.01(b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days a period of ten (10) Business Days after the earlier to occur of (i) receipt of written notice thereof to the Company from the Administrative Agent or the Required Lenders to the BorrowerLenders, or and (ii) a Responsible Officer otherwise has actual knowledge becoming aware of any such failuredefault; or

Appears in 4 contracts

Samples: Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(a) or (b) aboveany other subsection of this Article VIII) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt any Responsible Officer becoming aware of written notice thereof from Administrative Agent or Required Lenders to the Borrower, such failure or (ii) a Responsible Officer otherwise has actual knowledge receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failure; or

Appears in 4 contracts

Samples: Credit Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (ix) receipt of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) date upon which a Responsible Officer otherwise has actual of any Loan Party obtains knowledge of any such failurefailure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or

Appears in 4 contracts

Samples: Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed contained in Article VI hereof not specified in Section 8.01(b) or any Finance Document (not specified in Section 8.01(a) or (b) above or in Section 8.01(c)(i) above) and such failure continues for 30 days after the earlier to occur of (i) the date that any officer of the Borrower or any Loan Party has knowledge of such breach or (ii) receipt by the Borrower of written notice thereof from by the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failure; orAgent.

Appears in 4 contracts

Samples: Credit Agreement (Royal Resources Partners LP), Second Lien Credit Agreement (Royal Resources Partners LP), Second Lien Credit Agreement (Royal Resources Partners LP)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (i) receipt of written notice a Responsible Officer obtains knowledge thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failurenotice thereof by the Administrative Agent to the Borrower; or

Appears in 4 contracts

Samples: Credit Agreement (At Home Group Inc.), Credit Agreement (At Home Group Inc.), Credit Agreement (At Home Group Inc.)

Other Defaults. Any Loan Party or the Parent GP fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after receipt by the earlier to occur of (i) receipt Borrowers of written notice thereof from by the Administrative Agent or the Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureLenders; or

Appears in 4 contracts

Samples: Credit Agreement (Acelity L.P. Inc.), Credit Agreement (Acelity L.P. Inc.), Credit Agreement (Kinetic Concepts Inc)

Other Defaults. Any Loan Party or Restricted Subsidiary fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(a), (b) or (b) aboved)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt by the Lead Borrower of written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or and (ii) actual knowledge of such failure by a Responsible Officer otherwise has actual knowledge of any such failurethe Lead Borrower; or

Appears in 3 contracts

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

Other Defaults. Any Loan Party or any other Guarantor fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after receipt by the earlier to occur of (i) receipt Borrower of written notice thereof from by the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failure; or

Appears in 3 contracts

Samples: Credit Agreement (Pinnacle Foods Finance LLC), Credit Agreement (Pinnacle Foods Inc.), Credit Agreement (Pinnacle Foods Inc.)

Other Defaults. Any Loan Party or any Restricted Subsidiary thereof fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after receipt by the earlier to occur of (i) receipt Borrower of written notice thereof from by the Administrative Agent or the Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureLenders; or

Appears in 3 contracts

Samples: Security Agreement (Candela Medical, Inc.), Credit Agreement (Candela Medical, Inc.), Credit Agreement (Duck Creek Technologies, Inc.)

Other Defaults. Any The Borrower or any other Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(a) or (b8.01(b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier first to occur of (i) receipt the date that any Executive Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, any Loan Party obtains actual knowledge of such breach or (ii) a Responsible Officer otherwise has actual knowledge the date that the Administrative Agent delivers notice to Borrower or other Loan Party of any such failurebreach; or

Appears in 3 contracts

Samples: Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty days after the earlier to occur of (i) receipt a Responsible Officer obtaining actual knowledge of written notice thereof from Administrative Agent or Required Lenders to the Borrower, such default or (ii) a Responsible Officer otherwise has actual knowledge the Borrower receiving written notice of such default from the Administrative Agent or any Lender (any such failurewritten notice to be identified as a "notice of default" and to refer specifically to this Section 7.01(c)); or

Appears in 3 contracts

Samples: Loan Agreement (Teledyne Technologies Inc), Loan Agreement (Teledyne Technologies Inc), Loan Agreement (Teledyne Technologies Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 10.1(a) or (b) aboveabove and, for the purpose of clarity, including any failure to perform or observe any covenant or agreement contained in (x) Section 8.12 other than during the continuation of any Cash Dominion Period or (y) Section 8.5 other than with respect to insurance covering Current Asset Collateral) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (ix) the date that the Borrower becomes aware of any such failure and (y) receipt by the Borrower of written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureAgent; or

Appears in 3 contracts

Samples: Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aclauses (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the BorrowerBorrower having actual knowledge of such failure, or (ii) receipt by a Responsible Officer otherwise has actual knowledge of the Borrower of notice from the Administrative Agent or any Lender of such failure; or

Appears in 3 contracts

Samples: Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (ix) receipt of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) date upon which a Responsible Officer otherwise has actual of any Borrower obtains knowledge of any such failurefailure or (y) the date upon which the Parent has received written notice of such failure from the Administrative Agent; or

Appears in 3 contracts

Samples: Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt the date on which a Responsible Officer of written notice the Company obtains actual knowledge thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failurethe date on which written notice thereof shall have been received by the Company from the Administrative Agent; or

Appears in 3 contracts

Samples: Credit Agreement (Tidewater Inc), Credit Agreement (Tidewater Inc), Credit Agreement (Tidewater Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt the date upon which an officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, any Loan Party obtains knowledge of such default or (ii) a Responsible Officer otherwise has actual knowledge the receipt by the Parent Borrower of written notice of such default from the Administrative Agent or the Required Lenders (any such failurenotice to be identified as a “notice of default” and to refer specifically to this clause (c)); or

Appears in 3 contracts

Samples: Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt the date upon which a Responsible Officer knew or should have known of written notice thereof from Administrative Agent or Required Lenders to the Borrower, such failure or (ii) a Responsible Officer otherwise has actual knowledge of the date upon which notice thereof is given to the Borrower by the Administrative Agent or any such failureLender; or

Appears in 3 contracts

Samples: Credit Agreement (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues unremedied for 30 thirty (30) days after the earlier to occur of (i) receipt any of the chief executive officer, chief financial officer, chief accounting officer, controller or general counsel of a Loan Party or any other Responsible Officer familiar with the terms of this Agreement, obtaining actual knowledge thereof and (ii) the date written notice thereof is provided from the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failure; or

Appears in 3 contracts

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

Other Defaults. Any Loan Party or any Subsidiary fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt the date notice of written notice thereof from such failure is given by the Administrative Agent or Required Lenders to the Borrower, Borrower or (ii) the date on which such failure first became known to a Responsible Officer otherwise has actual knowledge of any such failurethe General Partner or the Borrower; or

Appears in 3 contracts

Samples: Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP)

Other Defaults. Any Loan Party fails to perform or observe in any material respect any other term or covenant or agreement (not specified in Sections 8.01(a) or (b) above) contained in any other Loan Document on its part to be performed which is not covered by clause (i) of Subsection 9.01(c) or observed any other provision of this Section 9.01 and such failure continues shall continue unremedied for 30 thirty (30) days after the earlier to occur of (iA) receipt the date any Responsible Officer of the Borrowers first has notice of or becomes aware of such failure or (B) the date upon which written notice thereof from Administrative is given to the Borrowers by the Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureLender; or

Appears in 2 contracts

Samples: Credit Agreement (North American Galvanizing & Coatings Inc), Credit Agreement (North American Galvanizing & Coatings Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of written a Responsible Officer has knowledge thereof or receives notice thereof from the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureAgent; or

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Hyster-Yale Materials Handling, Inc.), Term Loan Credit Agreement (Hyster-Yale Materials Handling, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a) or (b) above) contained in this Agreement or in any other Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of the date on which (i) receipt a Responsible Officer becomes aware of written notice thereof from Administrative Agent or Required Lenders to the Borrower, such failure or (ii) a Responsible Officer otherwise has actual knowledge of written notice thereof shall have been given to the Borrower by the Administrative Agent or any such failureLender; or

Appears in 2 contracts

Samples: Credit Agreement (Advanced Medical Optics Inc), Credit Agreement (Advanced Medical Optics Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt a Responsible Officer thereof obtaining actual knowledge of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or such failure and (ii) a Responsible Officer otherwise has actual knowledge the Borrower receiving notice of such failure from the Administrative Agent (which notice shall be given at the request of any such failureLender); or

Appears in 2 contracts

Samples: Credit Agreement (Corporate Property Associates 16 Global Inc), Credit Agreement (Corporate Property Associates 16 Global Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 9.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (i) the date on which the Borrower becomes aware of any such failure and (ii) receipt by the Borrower of written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureAgent; or

Appears in 2 contracts

Samples: Credit Agreement (Advantage Solutions Inc.), First Lien Credit Agreement (Advantage Solutions Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after following the earlier of notice to occur of (i) receipt of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has by the Agent thereof or actual knowledge of any such failurea Responsible Officer thereof; or

Appears in 2 contracts

Samples: Credit Agreement (Rh), Credit Agreement (Rh)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (ix) receipt of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) date upon which a Responsible Officer otherwise has actual of any Loan Party obtains knowledge of any such failurefailure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not other than those specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of written notice thereof from by the Administrative Agent or Required Lenders to the Borrower, Borrower or (ii) a the date any Responsible Officer otherwise of the Borrower or any Guarantor has actual obtained knowledge of any such failurethereof; or

Appears in 2 contracts

Samples: Credit Agreement (CarGurus, Inc.), Credit Agreement (Irobot Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (i) receipt of the date on which written notice thereof from has been given to the Borrower by the Administrative Agent or Required Lenders to at the Borrower, or request of any Lender and (ii) the date a Responsible Officer otherwise of the Borrower has actual knowledge of any such failure; oror (d)

Appears in 2 contracts

Samples: Credit Agreement (Encore Wire Corp), Credit Agreement (Encore Wire Corp)

Other Defaults. Any Loan Party or any Subsidiary fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b8.01(b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt the date notice of written notice thereof from such failure is given by the Administrative Agent or Required Lenders to the Borrower, Borrower or (ii) the date on which such failure first became known to a Responsible Officer otherwise has actual knowledge of any such failure; orthe General Partner or the Borrower;

Appears in 2 contracts

Samples: Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 15 days after following the earlier of notice to occur of (i) receipt of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has by the Agent thereof or actual knowledge of any such failurea Responsible Officer thereof; or

Appears in 2 contracts

Samples: Credit Agreement (Rh), Credit Agreement (Rh)

Other Defaults. (i) Any Loan Party fails to perform or observe any other terms, covenant or agreement (not specified in Sections Section 8.01(a) or (b) aboveabove or 8.01(c)(ii) below) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (iA) receipt by the Company of written notice thereof from the Administrative Agent or Required Lenders and (B) such Loan Party becoming aware of that failure to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failure; orcomply;

Appears in 2 contracts

Samples: Pledge Agreement (Liberty Global PLC), Assignment and Assumption (Liberty Global PLC)

Other Defaults. Any Borrower or any other Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsections (a), (b) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of the date upon which written notice thereof from Administrative Agent or Required Lenders shall have been given to the BorrowerUS Borrower by the Administrative Agent, any Lender or any L/C Issuer or (ii) the date upon which a Responsible Officer otherwise has actual knowledge of the US Borrower or any other Loan Party knew of such failure; or

Appears in 2 contracts

Samples: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (iA) receipt the date on which a Responsible Officer of either Borrower obtains actual knowledge of such failure and (B) the date on which written notice thereof from shall have been given to either Borrower by the Administrative Agent Agent, any Lender or Required Lenders to the Borrower, or L/C Issuer (ii) a Responsible Officer otherwise has actual knowledge of any such failurenotice to be identified as a “notice of default”); or

Appears in 2 contracts

Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (International Money Express, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt an officer of written notice thereof from Administrative Agent any Loan Party or Required Lenders to the Borrower, Subsidiary obtaining knowledge of such default or (ii) a Responsible Officer otherwise has actual knowledge the Borrower receiving written notice of such default from the Administrative Agent or the Required Lenders (any such failurenotice to be identified as a “notice of default” and to refer specifically to this clause (c)); or

Appears in 2 contracts

Samples: Credit Agreement (Del Taco Restaurants, Inc.), Credit Agreement (Del Taco Restaurants, Inc.)

Other Defaults. Any Borrower or any other Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 9.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after of the earlier to occur of (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, any Loan Party has knowledge of such failure or (ii) a Responsible Officer otherwise has actual knowledge receipt by PSP of any notice from the Administrative Agent or the Required Lenders of such failuredefault; or

Appears in 2 contracts

Samples: Credit Agreement (Platform Specialty Products Corp), Credit Agreement (Platform Specialty Products Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 9.01(a) or (b) above9.01(b)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of the date on which (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, Borrower has knowledge of such failure or (ii) a Responsible Officer otherwise has actual knowledge notice is given from the Administrative Agent to the Borrower at the request of any such failurethe Required Lenders that the Borrower is to remedy the same; or

Appears in 2 contracts

Samples: Credit Agreement (Timken Co), Assignment and Assumption (Timken Co)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt a Responsible Officer thereof obtaining actual knowledge of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or such failure and (ii) a Responsible Officer otherwise has actual knowledge the Parent Borrower receiving notice of such failure from the Administrative Agent (which notice shall be given at the request of any such failureLender); or

Appears in 2 contracts

Samples: Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 7.01(a) or (b) above7.01(b)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt notice of written notice thereof from such default shall have been given to the Borrower by the Administrative Agent or Required Lenders to the Borrower, or and (ii) a Responsible Officer otherwise has of any Loan Party shall have actual knowledge of any such failure; or;

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Tupperware Brands Corp), Term Loan Credit Agreement (Tupperware Brands Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues unremedied for 30 thirty (30) days after the earlier to occur of (i) receipt knowledge of written notice thereof from Administrative Agent or Required Lenders to the Borrower, a Responsible Officer or (ii) a Responsible Officer otherwise has actual knowledge of any such failurenotice thereof by the Administrative Agent to the Borrower; or

Appears in 2 contracts

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

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after from the earlier to occur of (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, any Loan Party having knowledge of such failure or (ii) a Responsible Officer otherwise has actual knowledge the date on which the Administrative Agent notifies the Borrower in writing of any such failure; or

Appears in 2 contracts

Samples: Credit Agreement (Halozyme Therapeutics, Inc.), Credit Agreement (Halozyme Therapeutics, Inc.)

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Other Defaults. Any Borrower or any other Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsections (a), (b) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of the date upon which written notice thereof from Administrative Agent or Required Lenders shall have been given to the BorrowerUS Borrower by the Administrative Agent, any Lender or any L/C Issuer or (ii) the date upon which a Responsible Officer otherwise has actual knowledge of the US Borrower or any other Loan Party knew or reasonably should have known of such failure; or

Appears in 2 contracts

Samples: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (bSection 8.01(b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of of: (i) receipt of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any the Borrower becoming aware of such failurefailure and (ii) written notice thereof being provided to the Borrower by the Administrative Agent or the Required Lenders; or

Appears in 2 contracts

Samples: Credit Agreement (Ducommun Inc /De/), Credit Agreement (Ducommun Inc /De/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document or the Notes on its part to be performed or observed and such failure continues for 30 or more days after the earlier to occur of (i) receipt of written notice thereof of such default by the Responsible Officer from the Administrative Agent or Required Lenders to the Borrower, or (ii) a any Responsible Officer otherwise has actual knowledge of any the Borrower becomes aware of such failuredefault; or

Appears in 2 contracts

Samples: Security Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aclause (i) or (bii) above) contained in any Loan Document on its part to be performed or observed contained in (i) Sections 6.03(a), (b) and (c) and such failure continues for 5 days, or (ii) any Loan Document and such failure continues for 30 days after the earlier to occur of (i1) receipt by such Person of written notice thereof from the Administrative Agent or Required Lenders to any Lender of such failure and (2) the Borrower, time at which such Person or (ii) a any Responsible Officer otherwise has actual knowledge knew or became aware of any such failure; or

Appears in 2 contracts

Samples: Credit Agreement (Monster Worldwide, Inc.), Credit Agreement (Monster Worldwide, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (ix) receipt the Administrative Agent’s delivery of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or Borrower and (iiy) a Responsible Officer otherwise has actual knowledge of any such failureLoan Party having obtained knowledge thereof; or

Appears in 2 contracts

Samples: Credit Agreement (Good Times Restaurants Inc), Credit Agreement (Good Times Restaurants Inc.)

Other Defaults. Any Loan Party fails fails, on and after the Funding Date, to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after following the earlier to occur of (iA) receipt of written notice thereof to the Borrower from the Administrative Agent or Required Lenders to the Borrower, any Lender; or (iiB) knowledge thereof by a Responsible Officer otherwise has actual knowledge of any such failureOfficer; or

Appears in 2 contracts

Samples: Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (bSection 8.01(b) above) contained in any Loan Document on its part to be performed or observed and such failure continues unremedied for a period of 30 days after the earlier to occur of (ix) receipt of written notice thereof from the Administrative Agent or Required Lenders to the Borrower, Administrative Borrower or (iiy) a any Responsible Officer otherwise has actual knowledge knows of any such failure; or

Appears in 2 contracts

Samples: Credit Agreement (Alexion Pharmaceuticals Inc), Credit Agreement (Alexion Pharmaceuticals Inc)

Other Defaults. Any Loan Party or Restricted Subsidiary fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(a), (b) or (b) aboved)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt by the Lead Borrower of written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or and (ii) actual knowledge of such failure by a Responsible Officer otherwise has actual knowledge of any such failurethe Lead Borrower; oror (d)

Appears in 2 contracts

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

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues unremedied for a period of 30 days after the earlier to occur of (ix) receipt of written notice thereof from by the Administrative Agent or Required Lenders to the Borrower, Borrower or (iiy) knowledge thereof by a Responsible Officer otherwise has actual knowledge of any such failurethe Borrower.; or

Appears in 2 contracts

Samples: Credit Agreement (Nu Skin Enterprises Inc), Credit Agreement (Nu Skin Enterprises, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (ix) knowledge thereof by a Responsible Officer or (y) receipt by the Borrowers of written notice thereof from by the Administrative Agent or the Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureLenders; or

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Owens & Minor Inc/Va/), Intercreditor Agreement (Owens & Minor Inc/Va/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of written notice thereof from being given to the Parent by the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer of a Loan Party otherwise has actual knowledge becoming aware of any such failuredefault; or

Appears in 2 contracts

Samples: Credit Agreement (C&J Energy Services Ltd.), Credit Agreement (C&J Energy Services Ltd.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt the giving of written notice thereof from by the Administrative Agent or Required Lenders to the Borrower, Borrower or (ii) the date on which a Responsible Officer otherwise of any Loan Party has actual knowledge of any such failure; or

Appears in 2 contracts

Samples: Credit Agreement (Wendy's Restaurants, LLC), Credit Agreement (Wendy's Co)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a) or (b) above) contained in any Loan Document Document, on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (ix) receipt of written notice thereof from has been given by Administrative Agent or Required Lenders to the Borrower, Borrower or (iiy) a Responsible Officer otherwise has of Borrower obtains actual knowledge of any such failurethereof; or

Appears in 2 contracts

Samples: Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.), Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in this Agreement or any other Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (i) receipt of written notice thereof of such failure by a Responsible Officer of Borrower from Administrative Agent or Required Lenders to the BorrowerAgent, or (ii) a any Responsible Officer otherwise has actual knowledge of any Loan Party becomes aware, or should have been aware, of such failure; or

Appears in 2 contracts

Samples: Second Lien Credit Agreement (CardConnect Corp.), Credit Agreement (CardConnect Corp.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of written notice thereof from Administrative Agent or Required Lenders to the BorrowerPartnership, or (ii) a Responsible Officer otherwise has actual knowledge of any such failure; or

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (CrossAmerica Partners LP), Credit Agreement (CrossAmerica Partners LP)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a), Section 8.01(b) or (b) aboveSection 8.01(c)) contained in this Agreement or any other Loan Document (in each case other than any covenant or agreement made by a Loan Party in favor of a Bank Product Provider in respect of Bank Products) on its part to be performed or observed and such failure continues for 30 thirty days after the earlier to occur an Responsible Officer of (i) receipt of written any Borrower becomes aware, or reasonably should have become aware thereof, whether by notice thereof from by Administrative Agent or Required Lenders to the Borrower, any Lending Party or (ii) a Responsible Officer otherwise has actual knowledge of any such failureotherwise; or

Appears in 2 contracts

Samples: Credit Agreement (Ch2m Hill Companies LTD), Credit Agreement (Ch2m Hill Companies LTD)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above8.01(b)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of the date on which (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, Borrower has knowledge of such failure or (ii) a Responsible Officer otherwise has actual knowledge notice is given from the Paying Agent to the Borrower at the request of any such failurethe Required Lenders that the Borrower is to remedy the same; oror (d)

Appears in 1 contract

Samples: Credit Agreement (Timken Co)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of of: (i) receipt of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any the Borrower becoming aware of such failure, and (ii) written notice thereof being provided to the Borrower by the Administrative Agent or any Lender; or

Appears in 1 contract

Samples: Credit Agreement (Houlihan Lokey, Inc.)

Other Defaults. Any Loan Party or any Subsidiary fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above8.01(b)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt the date notice of written notice thereof from such failure is given by the Administrative Agent or Required Lenders to the Borrower, Borrower or (ii) the date on which such failure first became known to a Responsible Officer otherwise has actual knowledge of any such failure; orthe General Partner or the Borrower;

Appears in 1 contract

Samples: Term Credit Agreement (Noble Midstream Partners LP)

Other Defaults. Any Loan Party fails fails, on and after the Closing Date, to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after following the earlier to occur of (iA) receipt of written notice thereof to the Borrower from the Administrative Agent or Required Lenders to the Borrower, any Lender; or (iiB) knowledge thereof by a Responsible Officer otherwise has actual knowledge of any such failureOfficer; or

Appears in 1 contract

Samples: Credit Agreement (Ashland Global Holdings Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement applicable to it (not specified in Sections 8.01(aSection 9.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (ix) the date on which an Executive Officer of the Borrower becomes aware of any such failure and (y) receipt by the Borrower of written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureAgent; or

Appears in 1 contract

Samples: First Lien Credit Agreement (Authentic Brands Group Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of written notice thereof from being given to the Borrower by the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer of a Loan Party otherwise has actual knowledge becoming aware of any such failuredefault; or

Appears in 1 contract

Samples: Credit Agreement (C&J Energy Services, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 9.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after of the earlier to occur of (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, any Loan 172 |US-DOCS\126402975.16140630557.8|| 4885-9380-9411 v6 Party has knowledge of such failure or (ii) a Responsible Officer otherwise has actual knowledge receipt by Holdings of any notice from the Administrative Agent or the Required Lenders of such failuredefault; or

Appears in 1 contract

Samples: Credit Agreement (APi Group Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement or pay any amount after the same becomes due (in any such case, not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (i) receipt by the Borrower of written notice thereof from the Administrative Agent or on behalf of the Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureLenders; or

Appears in 1 contract

Samples: Credit Agreement (Solo Brands, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a), (b) or (bc) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt of written notice thereof from Administrative Agent or Required Lenders being given to the BorrowerBorrower by the Administrative Agent, or and (ii) such time as a Responsible Officer otherwise has actual knowledge of any the Borrower knows or reasonably should have known of such failure; or

Appears in 1 contract

Samples: Credit Agreement (Crosstex Energy Lp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 7.01(a) or (b) above7.01(b)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt notice of written notice thereof from such default shall have been given to the Parent Borrower by the Administrative Agent or Required Lenders to the Borrower, or and (ii) a Responsible Officer otherwise has of any Loan Party shall have actual knowledge of any such failure; or(d)

Appears in 1 contract

Samples: Credit Agreement Credit Agreement (Tupperware Brands Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document or the Notes on its part to be performed or observed and such failure continues for 30 or more days after the earlier to occur of (ix) receipt by the Borrower of written notice thereof of such default from the Administrative Agent or Required Lenders to and (y) the Borrower, or (ii) a date upon which any Responsible Officer otherwise has actual knowledge of any the Borrower becomes aware of such failurefailure to so perform or observe; or

Appears in 1 contract

Samples: Credit Agreement (Health Management Associates Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty days after the earlier to occur of (i) a Responsible Officer of the Borrower obtaining knowledge of such breach and (ii) receipt by a Responsible Officer of the Borrower of written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureAgent; or

Appears in 1 contract

Samples: Credit Agreement (Bottomline Technologies Inc /De/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 8.01 (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 60 days after the earlier to occur of the date on which (i) receipt any Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, a Loan Party becomes aware of such failure or (ii) a Responsible Officer otherwise has actual knowledge of any such failurewritten notice thereof shall have been given to the Borrower by the Administrative Agent or the Required Lenders; or

Appears in 1 contract

Samples: First Lien Credit Agreement (RiskMetrics Group Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt a Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the Borrower, such Loan Party becoming aware of such default or (ii) a Responsible Officer otherwise has actual knowledge receipt by such Loan Party of notice from the Administrative Agent or any Lender of such failuredefault; or

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections ‎Section 8.01(a) or (b‎(b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (ix) knowledge thereof by a Responsible Officer or (y) receipt by the Borrowers of written notice thereof from by the Administrative Agent or the Required Lenders to the Borrower, Lenders; or (ii) a Responsible Officer otherwise has actual knowledge of any such failure; ord)

Appears in 1 contract

Samples: Credit Agreement (Owens & Minor Inc/Va/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(aSection 9.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty days after the earlier to occur of (i) receipt a Responsible Officer of the Borrower becomes aware of such failure and (ii) written notice thereof from shall have been provided to the Borrower by the Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureLender; or

Appears in 1 contract

Samples: Credit Agreement (Green Dot Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a), (b) or (bo) aboveof this Section 8.01) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt knowledge by any Responsible Officer of written notice thereof from Administrative Agent or Required Lenders to the any Borrower, or (ii) a Responsible Officer otherwise has actual knowledge receipt by any Borrower of any such failurewritten notice thereof from Lender; or

Appears in 1 contract

Samples: Credit Agreement (Twin Cities Power Holdings, LLC)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after following the earlier of notice to occur of (i) receipt of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has by the Agent thereof or actual knowledge of any such failure; ora Responsible Officer thereof;

Appears in 1 contract

Samples: Credit Agreement (Rh)

Other Defaults. Any The Borrower or any other Loan Party fails to perform or observe any other covenant or agreement required to be performed or observed by it (not other than those specified in Sections Section 8.01(a) or (b) above) and contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of (ix) the date that a Responsible Officer of a Loan Party has obtained knowledge thereof and (y) receipt by the Borrower of written notice thereof from by the Administrative Agent or the Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any such failureLenders; or

Appears in 1 contract

Samples: Credit Agreement (Absolute Software Corp)

Other Defaults. Any Loan Party or any other Guarantor fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after receipt by the earlier to occur of (i) receipt Borrower of written notice thereof from by the Administrative Agent or Required Lenders to the Borrower, ; or (ii) a Responsible Officer otherwise has actual knowledge of any such failure; or144 US-DOCS\79529473.13

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Foods Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier to occur of of: (i) receipt of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or (ii) a Responsible Officer otherwise has actual knowledge of any the Borrower becoming aware of such failure, and (ii) written notice thereof being provided to the Borrower by the Administrative Agent or any Lender; oror (d)

Appears in 1 contract

Samples: Credit Agreement (Houlihan Lokey, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues and is not waived for a period of 30 days after the earlier to occur of (i) receipt of the date upon which the Borrower receives written notice thereof from the Administrative Agent or Required Lenders to the Borrower, or any Lender and (ii) a the date upon which any Responsible Officer otherwise of any Loan Party has actual knowledge of any such failure; oror 116

Appears in 1 contract

Samples: Credit Agreement (Plantronics Inc /Ca/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Sections 8.01(asubsection (a) or (b) above) contained in any Loan Document Document, other than Section 6.04 of this Agreement on its part to be performed or observed and such failure continues for 30 days after the earlier to occur of (i) receipt a Responsible Officer obtaining actual knowledge of written notice thereof from Administrative Agent or Required Lenders to the Borrower, or such failure and (ii) a Responsible Officer otherwise has actual knowledge the Borrower receives notice of such failure from the Administrative Agent (which notice shall be given at the request of any such failureLender); or

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Therapeutics Inc)

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