Certain Defaults. If Borrower (i) fails to provide the financial statements called for by Section 6.2 hereof or by any other provisions of this Agreement, within the time therein provided; or (ii) Borrower breaches any of the financial covenants set forth in Section 6.7 of this Agreement; or (iii) fails to perform or comply with any other term, condition or covenant in any other agreement between Borrower and Bank which is not cured within any cure period provided in such agreement.
Certain Defaults. 18 3.15 INSURANCE................................................. 18 3.16
Certain Defaults. Except as set forth in Schedule 3.14 hereto, ------------- neither Safety Fund nor any Safety Fund Subsidiary, nor, to the knowledge of Safety Fund, any other party thereto, is in default in any material respect under any material lease, contract, mortgage, promissory note, deed of trust, loan or other commitment or arrangement pursuant to which Safety Fund or any Safety Fund Subsidiary has borrowed funds or is otherwise the obligor, which default would have a Material Adverse Effect on Safety Fund and the Safety Fund Subsidiaries, taken as a whole.
Certain Defaults. Notwithstanding anything to the contrary contained in Section 6.1(f), no Event of Default shall occur under 6.1(f) with respect to any Investor so long as (i) such Event of Default does not, in the reasonable judgment of the Required Lenders, threaten to interrupt the Lenders' timely receipt of all amounts due under this Agreement and each of the other Operative Agreements whether pursuant to the Assignment of Lease or otherwise and (ii) no other Event of Default has occurred and is continuing.
Certain Defaults. Sellers, on the one hand, and Buyer, on the other hand, will give prompt notice to each other of:
Certain Defaults. Any Credit Party or Subsidiary of any Credit Party fails to perform or observe any term, covenant or agreement contained in Sections 5.7, 5.14, 5.17, 5.18, 5.19, 5.20, 6.1, 6.2, or 6.3 of this Agreement;
Certain Defaults. Unless the Administrative Agent shall have ---------------- received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender's ratable portion of such Borrowing, the Administrative Agent may assume that such Lender has made such portion available in accordance with subsection 2.02(a) and the Administrative Agent may make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to the Administrative Agent, such Lender and the Borrower severally agree to repay or pay to the Administrative Agent forthwith on demand such corresponding amount and to pay interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid or paid to the Administrative Agent, at in the case of (i) the Borrower, the interest rate applicable at such time under Section 2.07 to Advances comprising such Borrowing and (ii) such Lender, the Federal Funds Rate. If such Lender shall pay to the Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Advance as part of such Borrowing for all purposes.
Certain Defaults. If MERCK is at any time in default of any of MERCK’s payment or reporting obligations under this Section 5 and MERCK fails to cure all of such defaults within [*] days after notice from PROTIVA specifying the default, PROTIVA will be entitled to xxx XXXXX in any court of competent jurisdiction for PROTIVA’s damages and interest, and, should PROTIVA prevail, to seek from the court its costs and expenses of collection (including reasonable attorneys’ and experts’ fees and other expenses of litigation or preparation) to which it may be entitled, but, in such situations, except where MERCK has failed to pay the Initial Payment as and when required in Section 5.1. PROTIVA’s remedy shall be limited to monetary compensation and/or specific performance and, subject to Section 5.12, shall in no event include termination of any of MERCK’s license rights under Section 4.
Certain Defaults. From and after (i) a Maturity Default with respect to Highland, KEYS C, KEYS D or KEYS E, respectively, or (ii) the occurrence of any JPM8 Event of Default (the loan subject to any such Maturity Default or JPM8 Event of Default, a “Defaulted Loan”), the Company shall pay the Advisor a monthly fee equal to the quotient obtained by dividing (A) TTM Portfolio Company Net Earnings of the Hotel Portfolio Assets of such Defaulted Loan by (B) twelve (12) (the “Portfolio Company Fee”), except to the extent Portfolio Company Net Earnings continue to be paid under a Portfolio Company Agreement with respect to any such month from and after the occurrence of the Defaulted Loan.
Certain Defaults. Except as specified in Schedule 4.1.28, none of Borrower, either Guarantor, any Pledgor or any of their respective Affiliates is in default under any loan agreement, mortgage or other instrument or agreement relating, directly or indirectly, to any of the Collateral Entity Properties.
