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 any 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 of (i) any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failure; or

Appears in 5 contracts

Sources: Credit Agreement (QuidelOrtho Corp), 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 any other subsection of this Article VIII(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 of (ix) knowledge thereof by any Responsible Officer becoming aware of such failure or (iiy) receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender a Notice of such failureDefault with respect thereto; or

Appears in 5 contracts

Sources: Credit Agreement (SunEdison Semiconductor LTD), Credit Agreement (SunEdison Semiconductor LTD), Second Lien Credit Agreement (Memc Electronic Materials Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) the Borrower’s or any Responsible Officer becoming aware of such failure Loan Party’s actual knowledge thereof or (ii) receipt written notice thereof shall have been given to the Borrower by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureAgent; or

Appears in 5 contracts

Sources: Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware knowledge by an executive officer of such failure Loan Party or (ii) receipt notice thereof has been received by the either Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 5 contracts

Sources: Credit Agreement (Career Education Corp), Credit Agreement (Career Education Corp), Credit Agreement (Career Education Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a), (b) or (c) 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 of (i) any the date on which a Responsible Officer becoming of a Loan Party becomes aware of such failure or (ii) receipt by the date on which notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 4 contracts

Sources: Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (Prometheus Laboratories Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of the date on which (i) any a Responsible Officer becoming of the Borrower becomes aware of such failure or and (ii) receipt by written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 4 contracts

Sources: Credit Agreement (Veracyte, Inc.), Second Lien Credit Agreement (Syncardia Systems Inc), Credit Agreement (Verenium Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware knowledge by an executive officer of such failure Loan Party or (ii) receipt notice thereof has been received by the Borrower or Borrowers from any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 4 contracts

Sources: Credit Agreement (Corinthian Colleges Inc), Credit Agreement (Corinthian Colleges Inc), Credit Agreement (Corinthian Colleges Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any a Responsible Officer Office of the Borrower becoming aware of such failure thereof or (ii) receipt by the Borrower or any other Loan Party of notice thereof from the Administrative Agent or any Lender of such failureto the Borrower; or

Appears in 4 contracts

Sources: Credit Agreement (Flowserve Corp), Credit Agreement (Flowserve Corp), Credit Agreement (Flowserve Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of the date on which (i) any a Responsible Officer becoming of a Loan Party becomes aware of such failure or (ii) receipt notice thereof shall have been given to the Company by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 4 contracts

Sources: Credit Agreement (Dhi Group, Inc.), Credit Agreement (Dhi Group, Inc.), Credit Agreement (Dice Holdings, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any a Responsible Officer Office of the Borrower becoming aware of such failure thereof or (ii) receipt by the Borrower or any other Loan Party of notice thereof from the Administrative Agent or any Lender of such failureto the Borrower; or

Appears in 4 contracts

Sources: Credit Agreement (Flowserve Corp), Credit Agreement (Flowserve Corp), Loan Agreement (Flowserve Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (b) above) contained in any Loan Document on its part to be performed or observed in any material respect (and such failure continues for 30 days after written notice thereof shall have been given to the earlier of (i) any Responsible Officer becoming aware of such failure or (ii) receipt Company by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureAgent); or

Appears in 4 contracts

Sources: Credit Agreement, Credit Agreement (Amazon Com Inc), Credit Agreement (Amazon Com Inc)

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

Appears in 4 contracts

Sources: Thirteenth Amendment to Fourth Amended and Restated Credit Agreement (Quanta Services, Inc.), Fourth Amended and Restated Credit Agreement (Quanta Services, Inc.), Credit Agreement (Quanta Services, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any a Responsible Officer of a Loan Party becoming aware of such failure default or (ii) receipt notice thereof by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureAgent; or

Appears in 4 contracts

Sources: Term Loan Credit Agreement (Ardent Health Partners, LLC), Term Loan Credit Agreement (Ardent Health Partners, LLC), Term Loan Credit Agreement (Ardent Health Partners, LLC)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 the date on which (i) any a Responsible Officer becoming of any Loan Party becomes aware of such failure or (ii) receipt by the Borrower or written notice thereof shall have been given to any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 3 contracts

Sources: Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Cti Biopharma Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) knowledge thereof by any Responsible Officer becoming aware of such failure Loan Party or (ii) receipt the date on which written notice thereof shall have been given to ▇▇▇▇▇▇▇-▇▇▇▇▇▇ International by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 3 contracts

Sources: Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (b) above) contained in any Loan Investment Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier of the date on which (i) any a Responsible Officer becoming of any Loan Party becomes aware of such failure or (ii) receipt by the Borrower or written notice thereof shall have been given to any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 3 contracts

Sources: Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Greenbrook TMS Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (b) above) contained in any Loan Investment Document on its part to be performed or observed and such failure continues for 30 thirty days after the earlier of the date on which (i) any a Responsible Officer becoming of any Loan Party becomes aware of such failure or and (ii) receipt by written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 3 contracts

Sources: Credit Agreement (Recro Pharma, Inc.), Credit Agreement (Recro Pharma, Inc.), Credit Agreement (Recro Pharma, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a), (b), or (c) 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 of (i) any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or the actual knowledge of any Lender of such failureLoan Party; or

Appears in 3 contracts

Sources: Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any a Responsible Officer becoming aware of such failure Default or (ii) receipt notice thereof by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 3 contracts

Sources: Credit Agreement (Barr Pharmaceuticals Inc), Credit Agreement (Barr Pharmaceuticals Inc), Credit Agreement (Barr Pharmaceuticals Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of written notice from the Administrative Agent to the Borrower or any Lender (ii) knowledge of such failurea Responsible Officer of the Borrower; or

Appears in 3 contracts

Sources: Credit Agreement (Contura Energy, Inc.), Credit Agreement (Contura Energy, Inc.), Credit Agreement (Contura Energy, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIIIclause (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 of the date on which (i) any a Responsible Officer becoming aware of any Loan Party has knowledge of such failure or and (ii) receipt by written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 3 contracts

Sources: Credit Agreement (Esperion Therapeutics, Inc.), Credit Agreement (Esperion Therapeutics, Inc.), Credit Agreement (Calliditas Therapeutics AB)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any the date on which a Responsible Officer becoming of any Loan Party or any Material Subsidiary becomes aware of such failure or (ii) receipt written notice thereof shall have been given to the Company by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 3 contracts

Sources: Syndicated Facility Agreement (Interface Inc), Syndicated Facility Agreement (Interface Inc), Syndicated Facility Agreement (Interface Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIIIclauses (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 of (i) any the date on which a Responsible Officer becoming aware of the Borrower obtains actual knowledge of such failure or and (ii) receipt by the date on which written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failure; orthe Required Lenders;

Appears in 3 contracts

Sources: Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware of such failure or Borrower having Actual Knowledge thereof, and (ii) the receipt by the Borrower or any other Loan Party Agent of notice from the Administrative Agent or any Lender of such failure; orthereof;

Appears in 3 contracts

Sources: Credit Agreement (Pacer International Inc), Credit Agreement (Pacer International Inc), Credit Agreement (Pacer International Inc)

Other Defaults. (i) Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i1) any Responsible Officer becoming aware a Borrower or Subsidiary Guarantor, as applicable, obtaining knowledge of such failure and (2) the Parent Borrower or (ii) receipt Subsidiary Guarantor, as applicable, being notified of such failure by the Borrower Administrative Agent, the L/C Issuer or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 3 contracts

Sources: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Midcoast Energy Partners, L.P.), Credit Agreement (Midcoast Energy Partners, L.P.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of the date on which (i) any a Responsible Officer becoming of any Loan Party becomes aware of such failure or and (ii) receipt by written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 3 contracts

Sources: Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Relypsa Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware notice of such failure or (ii) receipt shall have been delivered by the Borrower or any other Loan Party of notice from the Administrative Agent or the Required Lenders to any Lender of such failureLoan Party; or

Appears in 3 contracts

Sources: Credit and Guaranty Agreement (James Hardie Industries PLC), Credit and Guaranty Agreement (James Hardie Industries PLC), 364 Day Term Loan and Guaranty Agreement (James Hardie Industries PLC)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (ix) the date when any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of obtains knowledge thereof or (y) notice from shall have been given to the Top Borrower by the Administrative Agent or any Lender of such failureAgent; or

Appears in 3 contracts

Sources: Credit Agreement (Pursuit Attractions & Hospitality, Inc.), Credit Agreement (Pursuit Attractions & Hospitality, Inc.), Canadian Benchmark Replacement Conforming Changes Amendment (Viad Corp)

Other Defaults. Any Borrower or any other Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIIIsubsections (a), (b) or (c) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier of (i) the date upon which written notice thereof shall have been given to the US Borrower by the Administrative Agent, any Responsible Officer becoming aware of such failure Lender or any L/C Issuer or (ii) receipt by the date upon which a Responsible Officer of the US Borrower or any other Loan Party of notice from the Administrative Agent or any Lender knew of such failure; or

Appears in 3 contracts

Sources: Credit Agreement (Radius Recycling, Inc.), 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 any other subsection of this Article VIII(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 of (i) any Responsible Officer the Borrower becoming aware of such failure or (ii) receipt the date written notice thereof shall have been given to the Borrower by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureAgent; or

Appears in 3 contracts

Sources: Credit Agreement (Cadence Design Systems Inc), Loan Agreement (Cadence Design Systems Inc), Loan Agreement (Cadence Design Systems Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any a Responsible Officer of the Borrower becoming aware of such failure or and (ii) receipt the date written notice thereof shall have been given to the Borrower by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureAgent; or

Appears in 3 contracts

Sources: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a), (b) or (c) 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 of the date on which (i) any a Responsible Officer becoming of a Loan Party becomes aware of such failure or (ii) receipt by notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 3 contracts

Sources: Credit Agreement (Wright Medical Group Inc), Credit Agreement (Wright Medical Group Inc), Credit Agreement (Wright Medical Group Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIIIclauses (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 of (i) any a Responsible Officer becoming aware of the Borrower having actual knowledge of such failure failure, or (ii) receipt by a Responsible Officer of the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failure; or

Appears in 3 contracts

Sources: 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 any other subsection of this Article VIIIclause (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 of (i) receipt by such Loan Party of written notice thereof from Administrative Agent or Required Lenders or after any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of notice from the Administrative Agent obtains knowledge thereof; or any Lender of such failure; or(d)

Appears in 2 contracts

Sources: First Amendment to Second Amended and Restated Credit Agreement (Louisiana-Pacific Corp), Credit Agreement (Louisiana-Pacific Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 following the earlier of (ix) any a Responsible Officer becoming aware of such failure or the Borrower obtaining knowledge thereof and (iiy) receipt by the Borrower or any other such Loan Party of a written notice thereof from the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) knowledge by any Responsible Officer becoming aware of such failure Loan Party or (ii) receipt by the Borrower or any other Loan Party Company of written notice thereof from the Administrative Agent or any Lender of such failureLender; oror (d)

Appears in 2 contracts

Sources: Fifth Amended and Restated Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIIIclause (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 of (i) receipt by such Loan Party of written notice thereof from Administrative Agent or Required Lenders or after any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureobtains knowledge thereof; or

Appears in 2 contracts

Sources: Credit Agreement (Louisiana-Pacific Corp), Credit Agreement (Louisiana-Pacific Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any the date on which such failure shall first become known to a Responsible Officer becoming aware of such failure the Borrower, or (ii) receipt by the date on which written notice thereof is given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (StoneX Group Inc.), Credit Agreement (Intl Fcstone Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any a Responsible Officer of any Loan Party becoming aware of such failure or (ii) receipt notice thereof to any Loan Party by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (Sunpower Corp), Credit Agreement (Gevity Hr Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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) any Responsible Officer becoming aware of a Loan Party’s acquiring knowledge of such failure or default and (ii) receipt written notice thereof shall have been received by the Borrower or any other Loan Party of notice Company from the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (Wd 40 Co), Credit Agreement (Wd 40 Co)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer a Loan Party becoming aware of such failure or (ii) receipt the date notice thereof shall have been given to the Borrower by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureAgent; or

Appears in 2 contracts

Sources: Credit Agreement (Newport Corp), Credit Agreement (Newport Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware a Loan Party receiving notice of such failure or (ii) receipt by a Responsible Officer of the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender obtaining knowledge of such failure; or

Appears in 2 contracts

Sources: Credit Agreement (Hooker Furniture Corp), Credit Agreement (Hooker Furniture Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (b) above) contained in any Loan Investment Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier of the date on which (i) any a Responsible Officer becoming of the Borrower becomes aware of such failure or and (ii) receipt by written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (Intuity Medical, Inc.), Credit Agreement (Syncardia Systems Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any a Responsible Officer becoming aware of any Loan Party receives notice of such failure or (ii) receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender otherwise acquires knowledge of such failure; or

Appears in 2 contracts

Sources: Credit Agreement (American Woodmark Corp), Credit Agreement (American Woodmark Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware knowledge by an executive officer of such failure Loan Party or (ii) receipt notice thereof has been received by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (Corinthian Colleges Inc), Credit Agreement (Career Education Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 twenty (20) days after the earlier of (i) any a Responsible Officer becoming aware of such failure Officer’s obtaining knowledge thereof or (ii) receipt by the Borrower or any other Loan Party of written notice from the Administrative Agent or any Lender of such failurethereof; or

Appears in 2 contracts

Sources: Credit Agreement (Destination Xl Group, Inc.), Credit Agreement (Destination Xl Group, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIIIclauses (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 of (i) any Responsible Officer becoming aware of such failure or obtaining actual knowledge thereof and (ii) receipt by the Borrower or any other Loan Party of date written notice thereof is provided from the Administrative Agent or any Lender of such failureto the Borrower; or

Appears in 2 contracts

Sources: Credit Agreement (nCino, Inc.), Credit Agreement (nCino, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (ia) any a Responsible Officer of any Loan Party becoming aware of such failure or (iib) receipt written notice thereof shall have been given to the Company by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Fourth Amended and Restated Credit Agreement (Cantel Medical Corp), First Amendment (Cantel Medical Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (ia) any a Responsible Officer of any Loan Party becoming aware of such failure or (iib) receipt written notice thereof shall have been given to the Company by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (Cantel Medical Corp), Credit Agreement (Cantel Medical Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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) any Responsible Officer becoming aware of such failure written notice to Borrower from Lender or (ii) receipt by the an officer of Borrower or any other Loan Party of notice from the Administrative Agent or any Lender becoming aware of such failure; or

Appears in 2 contracts

Sources: Credit Agreement (TRX Inc/Ga), Credit Agreement (TRX Inc/Ga)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIIIclause (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 of (i) any the date on which a Responsible Officer becoming of any Loan Party becomes aware of such failure or (ii) receipt written notice thereof shall have been given to the Borrower by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureAgent; or

Appears in 2 contracts

Sources: Credit Agreement (Sisecam Chemicals USA Inc.), Credit Agreement (Ciner Enterprises Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (b) above) contained in any Loan Investment Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after the earlier of the date on which (i) any a Responsible Officer becoming of any Loan Party becomes aware of such failure or and (ii) receipt by written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (Establishment Labs Holdings Inc.), Credit Agreement (Establishment Labs Holdings Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) the date on which any Responsible Officer becoming aware of the Borrower knows of such failure or failure, and (ii) receipt by notice thereof to the Borrower or any other Loan Party of notice from and Holdings by the Administrative Agent or any Lender of such failurethe Required Lenders; or

Appears in 2 contracts

Sources: Credit Agreement (Infrasource Services Inc), Credit Agreement (Infrasource Services Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIIIclauses (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 of (i) any Responsible Officer becoming aware of such failure or (ii) receipt by written notice to the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender (ii) the date a Responsible Officer of the Borrower or such other Loan Party had actual knowledge of such failure; or

Appears in 2 contracts

Sources: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Oil & Gas, LP)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIIIclause (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 of (i) any Responsible Officer becoming aware of such failure or (ii) receipt by notice shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failurethe Required Lenders; or

Appears in 2 contracts

Sources: Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware the Borrower’s receipt of such failure or (ii) receipt by the Borrower or any other Loan Party of written notice thereof from the Administrative Agent or (ii) any Lender of such failureLoan Party obtains knowledge thereof; or

Appears in 2 contracts

Sources: Credit Agreement (Triquint Semiconductor Inc), Credit Agreement (Erickson Air-Crane Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware of such failure notice thereof by the Administrative Agent to the Borrower or (ii) receipt by the Borrower or any other Responsible Officer of Loan Party described in clause (a) of notice from the Administrative Agent or any Lender definition of such failureResponsible Officer obtains knowledge thereof; or

Appears in 2 contracts

Sources: Credit Agreement (Qorvo, Inc.), Credit Agreement (Qorvo, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) actual knowledge by any Responsible Officer becoming aware Loan Party of such failure or (ii) the receipt by the Borrower or any other Loan Party of written notice thereof from the Administrative Agent or any Lender of such failureAgent; or

Appears in 2 contracts

Sources: Credit Agreement (Power One Inc), Credit Agreement (Power One Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of the date on which (i) any Responsible Officer becoming aware of such failure or occurred and (ii) receipt by written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (RedHill Biopharma Ltd.), Credit Agreement (Coherus BioSciences, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware of such failure or (ii) receipt knowledge thereof by the Borrower or any other Loan Party of notice from thereof by the Administrative Agent or any Lender of such failureAgent; or

Appears in 2 contracts

Sources: Credit Agreement (Sonic Corp), Credit Agreement (Sonic Corp)

Other Defaults. Any A Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware written notice thereof from the Administrative Agent to the Borrower (which notice will be given at the request of such failure the Required Lenders) or (ii) receipt by the Borrower or a Responsible Officer of any other Loan Party of notice from the Administrative Agent or any Lender shall have knowledge of such failure; or

Appears in 2 contracts

Sources: Credit Agreement (Oneok Inc /New/), Credit Agreement (Oneok Inc /New/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) knowledge thereof by any Responsible Officer becoming aware of such failure Loan Party or (ii) receipt the date on which written notice thereof shall have been given to ▇▇▇▇▇▇▇-▇▇▇▇▇▇ International by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIIIclause (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 of the date on which (i) any a Responsible Officer becoming of any Loan Party becomes aware of such failure or and (ii) receipt by written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (Zevra Therapeutics, Inc.), Credit Agreement (Dermira, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (ix) any written notice thereof has been given by Administrative Agent to Borrower or (y) a Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureobtains actual knowledge thereof; or

Appears in 2 contracts

Sources: 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 any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other a Loan Party of notice from obtaining knowledge thereof or the Administrative Agent or any Lender of such failureproviding notice thereof to the Borrower; or

Appears in 2 contracts

Sources: Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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) any Responsible Officer becoming aware of a Loan Party’s acquiring knowledge of such failure or default and (ii) receipt written notice thereof shall have been received by the Borrower or any other Loan Party of notice Company from the Administrative Agent Lender; or any Lender of such failure; or

Appears in 2 contracts

Sources: Credit Agreement (Wd 40 Co), Credit Agreement (Wd 40 Co)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender the actual knowledge of a Responsible Officer of such failureLoan Party; or

Appears in 2 contracts

Sources: Term Loan Agreement (Retail Opportunity Investments Partnership, LP), Credit Agreement (Retail Opportunity Investments Partnership, LP)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any a Responsible Officer becoming aware of the Borrower having knowledge of such failure Default or (ii) the receipt by the Borrower or any other such Loan Party of written notice from the Administrative Agent or any Lender of such failureDefault; or

Appears in 2 contracts

Sources: Revolving 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 any other subsection of this Article VIII(a) or (b)) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 thirty days after the earlier of (i) any a Responsible Officer of any Loan Party becoming aware of such failure or (ii) receipt notice thereof to any Loan Party by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Credit Agreement (Turbochef Technologies Inc), Credit Agreement (Turbochef 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 any other subsection of this Article VIII(a) or subsection (b) above) contained in any Bridge Loan Document on its part to be performed or observed and such failure continues for 30 thirty (30) days after written notice thereof has been given to the earlier of (i) any Responsible Officer becoming aware of such failure or (ii) receipt Borrower by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 2 contracts

Sources: Bridge Loan Agreement (Digitalnet Holdings Inc), Bridge Loan Agreement (Digitalnet Holdings Inc)

Other Defaults. Any Loan Party fails to perform or observe comply with any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (b) above) contained in any Loan Document on its part to be performed or observed complied with, and such failure continues unremedied for a period of 30 days after the earlier of (i) any Responsible Officer becoming aware of such failure or (ii) receipt by date upon which written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent at the request of the Required Lenders or any Lender of such failureotherwise; or

Appears in 2 contracts

Sources: Credit Agreement (Georgia Pacific Corp), Credit Agreement (Georgia Pacific Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 (iA) any a Responsible Officer becoming aware of such failure the Borrower obtaining knowledge or (iiB) the Borrower's receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failure; or

Appears in 2 contracts

Sources: Credit Agreement (Ameron International Corp), Credit Agreement (Ameron International Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware such Loan Party having knowledge of such failure or (ii) receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or any a Lender giving the Company notice of such failure; or

Appears in 1 contract

Sources: Credit Agreement (Reinsurance Group of America Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 (i) any knowledge by a Responsible Officer becoming aware of such failure any Loan Party or (ii) receipt by the Borrower or any other Loan Party of notice thereof from the Administrative Agent or any Lender of such failureAgent; or

Appears in 1 contract

Sources: Credit Agreement (Premier, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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) obtaining knowledge thereof by any Responsible Officer becoming aware of such failure or Loan Party and (ii) receipt written notice thereof to the Borrower by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureAgent; or

Appears in 1 contract

Sources: Credit Agreement (Blue Rhino Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) the Borrower’s or any Responsible Officer becoming aware of such failure Loan Party’s knowledge thereof or (ii) receipt by the Borrower or any other Loan Party of notice thereof from the Administrative Agent or any Lender of such failureAgent; or

Appears in 1 contract

Sources: Credit Agreement (Interdigital Communications Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware the giving of such failure or (ii) receipt by written notice thereof to the Borrower or any other Loan Party of notice from the Administrative Agent or any a Lender or (ii) a Responsible Officer of the Borrower becomes aware of such failure; or

Appears in 1 contract

Sources: Credit Agreement (SS&C Technologies Holdings Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection clause (a) or (b) of this Article VIIIVII) 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 of the date on which (i) any a Responsible Officer becoming aware of the Borrower has knowledge of such failure or (ii) receipt by the Borrower or any other Loan Party of notice is given from the Administrative Agent or any Lender to the Borrower at the request of such failurethe Required Lenders that the Borrower is to remedy the same; or

Appears in 1 contract

Sources: Credit Agreement (TimkenSteel Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any a Responsible Officer becoming aware of the Company or such Loan Party having Actual Knowledge of such failure Default or (ii) the receipt by the Borrower or any other Company and such Loan Party of notice from the Administrative Agent or any Lender of such failureDefault; or

Appears in 1 contract

Sources: Credit Agreement (Verisign Inc/Ca)

Other Defaults. Any The Borrower or any other Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) the date upon which written notice thereof shall have been given to the Borrower by the Administrative Agent, any Responsible Officer becoming aware of such failure Lender or any L/C Issuer or (ii) receipt by the date upon which a Responsible Officer of the Borrower or any other Loan Party of notice from the Administrative Agent knew or any Lender reasonably should have known of such failure; or

Appears in 1 contract

Sources: Credit Agreement (Schnitzer Steel Industries Inc)

Other Defaults. Any Loan Party or Holdco fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware of the date such failure or (ii) receipt by the Borrower or any other Loan Party obtains knowledge of a breach of any such covenant or agreement or the Lead Borrower’s receipt of notice from the Administrative Agent or of any Lender of such failurebreach; or

Appears in 1 contract

Sources: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of of (i) any Responsible Officer becoming aware notice of such failure or (ii) receipt by the is delivered to Borrower or any other such Loan Party of notice from by the Administrative Agent or any Lender Lender, or (ii) Borrower or such Loan Party have knowledge of such failure; or

Appears in 1 contract

Sources: Credit Agreement (RealD Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) knowledge thereof by any Responsible Officer becoming aware of such failure Loan Party or (ii) receipt the date on which written notice thereof shall have been given to M▇▇▇▇▇▇-▇▇▇▇▇▇ International by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 1 contract

Sources: Credit Agreement (Mettler Toledo International Inc/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of notice thereof from the Administrative Agent or any Lender the Required Lenders to the Borrower or a Responsible Officer of such failurethe Borrower obtaining knowledge thereof; or

Appears in 1 contract

Sources: Credit Agreement (Foot Locker Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware of such failure or (ii) receipt by the date on which the Borrower or any other Loan Party of Subsidiary delivers notice from to the Administrative Agent or any Lender of such failurethereof in accordance with Section 7.03(a), and (ii) the date on which written notice thereof is delivered by the Lender to Borrower; or

Appears in 1 contract

Sources: Credit Agreement (Syntel Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of notice thereof from the Administrative Agent or any Lender the Required Lenders to the Borrower or a Responsible Officer of such failurethe Borrower obtaining knowledge thereof; or

Appears in 1 contract

Sources: Credit Agreement (Foot Locker Inc)

Other Defaults. Any Loan Party fails shall fail to observe or perform or observe any other covenant covenant, obligation, condition or agreement (not specified contained in this Agreement or any other subsection of this Article VIII) contained in any Loan Credit Document on its part to be performed or observed and such failure continues shall continue for 30 thirty (30) days after the earlier of (i) any Responsible Officer becoming aware Loan Party’s written acknowledgement of such failure or and (ii) receipt by the Administrative Agent’s written notice to the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failure; or

Appears in 1 contract

Sources: Credit Agreement (Coldwater Creek Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (b) above) contained in any Loan Document on its part to be performed or observed observed, and such failure continues for 30 days after the earlier of (ix) knowledge thereof by any Responsible Officer becoming aware of such failure or (iiy) receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender a Notice of such failureDefault with respect thereto; or

Appears in 1 contract

Sources: Credit Agreement (Sunedison, Inc.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (b) above) contained in any Loan Investment Document on its part to be performed or observed and such failure continues for 30 thirty days after the earlier of the date on which (i) any a Responsible Officer becoming of the Borrower becomes aware of such failure or and (ii) receipt by written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 1 contract

Sources: Credit Agreement (Lpath, Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a), (b) or (c) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier of (i) any Responsible Officer becoming aware of such failure or written notice thereof being given to the Borrower by the Administrative Agent, and (ii) receipt by such time as a Responsible Officer of the Borrower knows or any other Loan Party of notice from the Administrative Agent or any Lender reasonably should have known of such failure; or

Appears in 1 contract

Sources: Credit Agreement (Crosstex Energy Lp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (b) above) contained in any Loan Document to which it is a party on its part to be performed or observed and such failure continues for has not been cured within 30 days after the earlier of (i) any Responsible Officer becoming aware of such failure or Loan Party obtaining knowledge thereof and (ii) receipt by the Borrower or any other notice to such Loan Party of notice from the Administrative Agent or any Lender of such failureLender; or

Appears in 1 contract

Sources: Credit Agreement (Auna S.A.A.)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any Responsible Officer becoming aware the Borrower’s knowledge of such failure breach or (ii) receipt by the Borrower or any other Loan Party of notice thereof from the Administrative Agent or (which notice will be given at the request of any Lender of such failureLender); or

Appears in 1 contract

Sources: Credit Agreement (Berkley W R Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (i) any actual knowledge thereof by a Responsible Officer becoming aware of such failure or the Borrower and (ii) receipt by the date that the Lender shall have given the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failurethereof; or

Appears in 1 contract

Sources: Credit Agreement (LEE ENTERPRISES, Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (b) above) contained in any Loan Document on its sf-3344711 part to be performed or observed and such failure continues for 30 days after the earlier of (i) actual knowledge by any Responsible Officer becoming aware of such failure Loan Party or (ii) receipt by the Borrower or any other Loan Party Company of written notice thereof from the Administrative Agent or any Lender of such failureLender; or

Appears in 1 contract

Sources: Credit Agreement (Jacobs Engineering Group Inc /De/)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of (ix) any Responsible Officer becoming aware of such failure or (ii) receipt by the date when theany Borrower or any other Loan Party of obtains knowledge thereof or (y) notice from shall have been given to the Top Borrower by the Administrative Agent or any Lender of such failureAgent; or

Appears in 1 contract

Sources: Credit Agreement (Viad Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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 of the date on which (i) any a Responsible Officer becoming of a Loan Party becomes aware of such failure or (ii) receipt notice thereof shall have been given to the Borrower by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failureAgent; or

Appears in 1 contract

Sources: Credit Agreement (Tyler Technologies Inc)

Other Defaults. Any Loan Party fails shall fail to perform or observe any other term, covenant or agreement (not specified other than those referred to in any other subsection of this Article VIIIsubsections 9.1(a), (b) or (c) above) contained in any Loan Document on its part to be performed or observed Credit Document, and such failure continues shall continue unremedied for a period of at least 30 days after the earlier of (i) date upon which written notice thereof is given to the Borrowers by any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of notice from the Administrative Agent or any Lender of such failure; orLender.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Greif Brothers Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a) or (c) 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 of (i) any following knowledge thereof by a Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other a Loan Party of or notice from the Administrative Agent or any Lender of such failurethereof given to Borrower by Agent; or

Appears in 1 contract

Sources: Credit Agreement (American Vanguard Corp)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(a), (b) or (c) 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 of the date on which (i) any a Responsible Officer becoming becomes aware of such failure or (ii) receipt by written notice thereof shall have been given to the Borrower or any other Loan Party of notice from by the Administrative Agent or any Lender of such failureLender; or

Appears in 1 contract

Sources: Credit Agreement (Advanced Medical Optics Inc)

Other Defaults. Any Loan Party fails to perform or observe any other covenant or agreement (not specified in any other subsection of this Article VIII(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) any Responsible Officer becoming aware of such failure or (ii) receipt by the Borrower or any other Loan Party of notice thereof from the Administrative Agent or any Lender of such failure; to the Borrower Representative or

Appears in 1 contract

Sources: Credit Agreement (American Midstream Partners, LP)