Breach of Section 6 Sample Clauses

Breach of Section 6. 15(a) above. In the event any provision of Section ------------------------------- 6.15(a) above is breached, subject to the last sentence of this Section 6.15(c), the Applicable Margin shall increase by .25% per annum, effective the date of such breach under Section 6.15(a) above, and shall increase every 30 days thereafter (effective each 31st date following the preceding increase) by .25% per annum (but in no event shall the interest rate increase under this Section 6.15(c) by more than .25% per annum per 30 day period) until the earlier of (i) compliance with this Section 6.15, or (ii) such time as the per annum interest rate is equal to the Highest Lawful Rate (where the interest rate will remain until the Borrower is in compliance). If, on the date six months after the date of any breach, such breach is still in effect, then all Tenant Lease Revenues from any Oral Lease in excess of the fifteen percent limitation, will be excluded from revenues for the purpose of determining EBITDA in connection with any determination of (I) the Leverage Ratio (with respect to the determination of Section 8.01(a) hereof and the Applicable Margin), the Consolidated Leverage Ratio in Section 8.01(b) hereof, the consolidated interest coverage ratio set forth in Section 8.01(c) hereof, the pro forma debt service coverage ratio set forth in Section 8.01(d) hereof and the fixed charge coverage ratio set forth in Section 8.01(e) hereof, and such exclusion from EBITDA for such purposes will continue until five Business Days after the date the Borrower delivers to the Administrative Agent a certificate of an Authorized Officer certifying that there exists no breach under Section 6.15(a) above, in detail satisfactory to the Administrative Agent. If there exists no Default or Event of Default upon giving effect to any exclusion from EBITDA in accordance with the provisions set forth above, the interest rate shall be calculated without giving effect to any increase in the Applicable Margin set forth in this Section 6.15(c).
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Breach of Section 6. 6. By Purchaser if the Company or any of its --------------------- Affiliates shall have materially and knowingly breached the covenants contained in Section 6.6.
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Breach of Section 6. 1 In the event of a breach of Section 6.1, the Sellers are jointly and severally liable to compensate and reimburse the Buyer in respect of any Loss incurred by the Buyer or the Company (if applicable) due to such breach. Nothing in this Agreement shall have the effect of limiting, restricting or excluding the liability of any Seller in respect of a Locked Box Claim. Each Seller’s total liability to indemnify the Buyer for breach of Section 6.1 shall not exceed an amount corresponding such Seller’s portion of the Aggregated Consideration.
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Breach of Section 6. 7. In the event that any Borrower shall breach any covenant set forth in Section 6.7 hereof, if Agent or Lenders waiver such breach, the maximum amount that Agent and Lenders agree to charge Borrowers for each waiver granted by Agent or Lenders is $5,000. Notwithstanding the foregoing, this Section shall in no manner act as any waiver of a breach of Section 6.7 or any other provision of this Agreement nor shall it be deemed a consent by Agent or Lenders to the breach of Section 6.7 or any other provision of this Agreement.
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Breach of Section 6. If and when applicable, a breach of paragraph 6 hereof.
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Related to Breach of Section 6

  • Amendment of Section 6 14. Section 6.14 of the Credit Agreement is amended to read as follows:

  • Amendment of Section 8 15(b). Section 8.15(b) of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendment of Section 9 17. In respect of the 2018 Notes only, the provisions of Section 4.16 of the Indenture are amended by deleting the text of such Section in its entirety and inserting in lieu thereof the phrase “[intentionally omitted]”. Such provisions shall be deemed not to have been deleted in respect of the 2021 Notes.

  • Amendment of Section 7 2.10(f). Clause (iii) of Section 7.2.10(f) of the Credit Agreement is hereby amended and restated in its entirety to the following:

  • Amendment of Section 10 1. Section 10.1 of the Note Agreement is amended to read in its entirety as follows:

  • Amendment of Section 4 6. Pursuant to Section 9.2 of the Indenture, Section 4.6(a) of the Indenture is hereby amended and restated in its entirety to read as follows:

  • Amendment of Section 9.2. Section 9.2 of the Credit Agreement is hereby amended to read in its entirety as follows:

  • Amendment of Section 5 3. Section 5.3 of the Agreement is hereby amended to read as follows:

  • Amendment of Section 3 Section 3 of the Employment Agreement is hereby deleted in its entirety and replaced with the following: Term. Unless otherwise terminated in accordance with Sections 8, 9, 10 or 11, the Employment Term shall be for a term ending April 30, 2015. This Agreement shall be automatically renewed for successive additional Employment Terms of one (1) year each unless notice of termination is given in writing by either party to the other party at least thirty (30) days prior to the expiration of the initial Employment Term or any renewal Employment Term.

  • Application of Section 280G For purposes of determining whether any of the Covered Payments will be subject to the Excise Tax and the amount of such Excise Tax,

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