Event of Non-Compliance definition

Event of Non-Compliance has the meaning set forth in Section 10(a).

Event of Non-Compliance means the occurrence of any of the ----------------------- following:

Event of Non-Compliance means an event for which Notice must be given under Rule 12.18.

Examples of Event of Non-Compliance in a sentence

• On the occurrence of an Event of Non-Compliance, in addition to any remedies the Holder may have under applicable law the Holder may bring any action for injunctive relief or specific performance of any term or covenant contained herein, the Company hereby acknowledging that an action for money damages may not be adequate to protect the interests of the Holder hereunder.

• On the occurrence of an Event of Non-Compliance, in addition to any remedies the Holder may have under applicable law, the Holder may bring any action for injunctive relief or specific performance of any term or covenant contained herein, the Company hereby acknowledging that an action for money damages may not be adequate to protect the interests of the Holder hereunder.

• On the occurrence of an Event of Non-Compliance, in addition to any remedies the Holder may have under any Requirement of Law, the Holder may bring any action for injunctive relief or specific performance of any term or covenant contained herein, the Company hereby acknowledging that an action for money damages may not be adequate to protect the interests of the Holder hereunder.

• Subject to Section 2.07 hereof, upon the occurrence and continuance of an Event of Non-Compliance, any party may proceed to protect and enforce its rights against the party or parties causing the Event of Non-Compliance by mandamus or such other suit, action, or special proceedings in equity or at law, in any court of competent jurisdiction, including an action for specific performance.

• If the Corporation is unable to cure the Event of Non-Compliance, a Majority of the Series C Holders may then elect to initiate a Sale of the Company by submitting written notice of that election to the Board of Directors of the Corporation (a "Sale Notice").

More Definitions of Event of Non-Compliance

Event of Non-Compliance means any of the following:

Event of Non-Compliance means (i) any failure of the Company or ----------------------- the Board of Directors to comply with Section 3 of this Certificate of Designation or any failure of the Board of Directors of the Company to declare a quarterly dividend payment provided for in Section 3(a) or to pay such dividend on the dividend payment date provided therefor in Section 3(b), (ii) any failure of the Company or the Board of Directors to comply with Section 5, 6, 7, 8 or 9 of this Certificate of Designation; provided, that a failure to give a notice -------- within a specified time period shall be deemed an Event of Non-Compliance only until such notice is given (unless the delay in giving such notice adversely affects the ability of the person to whom such notice was given to exercise the rights with respect to which such notice was given) or (iii) any obligation of the Company, whether as principal, guarantor, surety or other obligor, for the payment of indebtedness for borrowed money in excess of $5,000,000 (x) shall become or shall be declared due and payable prior to the expressed maturity thereof, or (y) shall not be paid when due or within any grace period for the payment thereof, and such default shall remain uncured for 15 days.

Event of Non-Compliance means each of the events and/or circumstances described in Clause 21.1 (Event of Non-compliance).

Event of Non-Compliance has the meaning set forth in Section 9.1.

Event of Non-Compliance means (i) any failure of the Company or the Board of Directors to comply with Section 7 of this Certificate of Designations, Article VIII of the Bylaws of the Company, (ii) any failure of the Company or the Board of Directors to comply with Section 3 of this Certificate of Designations or any failure of the Board of Directors of the Company to declare a quarterly dividend payment provided for in Section 3(a) or to pay such dividend on the dividend payment date provided therefor in Section 3(b), (iii) any failure of the Company or the Board of Directors to comply with Section 5, 6, 8 or 9 of this Certificate of Designations; provided, that a failure to give a notice within a specified time period shall be deemed an Event of Non-Compliance only until such notice is given (unless the delay in giving such notice adversely affects the ability of the person to whom such notice was given to exercise the rights with respect to which such notice was given) (iv) any other failure of the Company to comply in any material respect with any of its agreements in any of the Documents; provided, however, that if any such failure to comply is capable of being cured, 30 days shall have elapsed since such failure has not been cured or (v) any obligation of the Company, whether as principal,

Event of Non-Compliance means an event for which Notice must be given under Rule 12.18. Page 23 of 84

Event of Non-Compliance has the meaning ascribed to such term in Section 3.4(b).