Common use of Cure Periods Clause in Contracts

Cure Periods. Borrowers shall not be entitled to any notice of an Event of Default. Borrowers shall not have any right to cure any Event of Default under Section 7.1(a), (f), (g), (h), (i), or (j). For any other Event of Default, Borrowers may cure such default within ten (10) Banking Business Days of the occurrence of the default, or if it is commercially unreasonable to cure such default within ten Banking Business Days and with Lender's consent, within such longer period of time as is reasonably necessary to accomplish the cure, provided (i) Borrowers promptly commence such cure, (ii) such cure period does not exceed 90 days under any circumstances, and (iii) Borrowers shall pay to Lender all of Lender’s reasonable costs to confirm that the Event of Default has been cured. If an Event of Default is cured, provided Borrowers immediately pay all of Lender’s reasonable enforcement costs, including attorneys’ fees, incurred through the date Lender received notice of the cure, Lender shall cease its enforcement actions and remedies, including any acceleration remedy provided herein or elsewhere in the Loan Documents, and the parties shall proceed under the Loan Documents as if no default has occurred. Notwithstanding Lender’s obligation to terminate its remedies upon a cure as set forth above, Lender shall have no obligation to suspend or delay its enforcement of its rights and remedies under the Loan Documents and at law during any applicable cure period after the expiration of the initial ten Banking Business Days. In no event shall Borrowers have the right to cure Events of Default more than three times during the term of this Agreement. An Event of Default in respect of any default subject to cure shall not exist during any applicable cure period. If the cure period expires without Borrowers having cured the Event of Default and the Event of Default is not waived, the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred. Furthermore, if during the cure period any proceeding is commenced or petition filed under any bankruptcy or insolvency law by or against Borrowers, the cure period shall terminate upon such commencement or filing and the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred.

Appears in 1 contract

Samples: Loan Agreement (Black Diamond, Inc.)

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Cure Periods. Borrowers shall not be entitled to any notice of an Event of Default. Borrowers shall not have any right to cure any Event of Default under Section 7.1(a), (f), (g), (h), (i), (j), or (jk). For any other Event of Default, Borrowers may cure such default within ten (10) Banking Business Days of the occurrence of the default, or if it is commercially unreasonable to cure such default within ten Banking Business Days and with Lender's consent, within such longer period of time as is reasonably necessary to accomplish the cure, provided (i) Borrowers promptly commence such cure, (ii) such cure period does not exceed 90 days under any circumstances, and (iii) Borrowers shall pay to Lender all of Lender’s reasonable costs to confirm that the Event of Default has been cured. If an Event of Default is cured, provided Borrowers immediately pay all of Lender’s reasonable enforcement costs, including attorneys’ fees, incurred through the date Lender received notice of the cure, Lender shall cease its enforcement actions and remedies, including any acceleration remedy provided herein or elsewhere in the Loan Documents, and the parties shall proceed under the Loan Documents as if no default has occurred. Notwithstanding Lender’s obligation to terminate its remedies upon a cure as set forth above, Lender shall have no obligation to suspend or delay its enforcement of its rights and remedies under the Loan Documents and at law during any applicable cure period after the expiration of the initial ten Banking Business Days. In no event shall Borrowers have the right to cure Events of Default more than three times during the term of this Agreement. An Event of Default in respect of any default subject to cure shall not exist during any applicable cure period. If the cure period expires without Borrowers having cured the Event of Default and the Event of Default is not waived, the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred. Furthermore, if during the cure period any proceeding is commenced or petition filed under any bankruptcy or insolvency law by or against Borrowers, the cure period shall terminate upon such commencement or filing and the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred.

Appears in 1 contract

Samples: Loan Agreement (Black Diamond, Inc.)

Cure Periods. Borrowers shall not be entitled to any notice of an Event of Default. Borrowers shall not have any right to cure any Event of Default under Section 7.1(a6.1(a), (f), (g), (h), (i), (j), or (jk). For any other Event of Default, Borrowers may cure such default within ten (10) Banking Business Days of the occurrence of the default, or if it is commercially unreasonable to cure such default within ten (10) Banking Business Days and with Lender's consent, within such longer period of time as is reasonably necessary to accomplish the cure, provided (i) Borrowers promptly commence such cure, (ii) such cure period does not exceed 90 ninety (90) days under any circumstances, and (iii) Borrowers shall pay to Lender all of Lender’s reasonable costs to confirm that the Event of Default has been cured. If an Event of Default is cured, provided Borrowers immediately pay all of Lender’s reasonable enforcement costs, including attorneys’ fees, incurred through the date Lender received notice of the cure, Lender shall cease its enforcement actions and remedies, including any acceleration remedy provided herein or elsewhere in the Loan Documents, and the parties shall proceed under the Loan Documents as if no default has occurred. Notwithstanding Lender’s obligation to terminate its remedies upon a cure as set forth above, Lender shall have no obligation to suspend or delay its enforcement of its rights and remedies under the Loan Documents and at law during any applicable cure period after the expiration of the initial ten (10) Banking Business Days. In no event shall Borrowers have the right to cure Events of Default more than three (3) times during the term of this Agreement. An Event of Default in respect of any default subject to cure shall not exist during any applicable cure period. If the cure period expires without Borrowers having cured the Event of Default and the Event of Default is not waived, the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred. Furthermore, if during the cure period any proceeding is commenced or petition filed under any bankruptcy or insolvency law by or against Borrowers, the cure period shall terminate upon such commencement or filing and the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred.

Appears in 1 contract

Samples: Loan Agreement (Clarus Corp)

Cure Periods. Borrowers shall not be entitled to any notice of an Event of Default. Borrowers shall not have any right to cure any Event of Default under Section Sections 7.1(a), (f), (g), (h), (i), or (j). For any other Event of Default, Borrowers may cure such default within ten (10) Banking Business Days of the occurrence of the default, or if it is commercially unreasonable to cure such default within ten Banking Business Days and with Lender's consent, within such longer period of time as is reasonably necessary to accomplish the cure, provided (i) Borrowers promptly commence such cure, (ii) such cure period does not exceed 90 days under any circumstances, and (iii) Borrowers shall pay to Lender all of Lender’s reasonable costs to confirm that the Event of Default has been cured. If an Event of Default is cured, provided Borrowers immediately pay all of Lender’s reasonable enforcement costs, including attorneys’ fees, incurred through the date Lender received notice of the cure, Lender shall cease its enforcement actions and remedies, including any acceleration remedy provided herein or elsewhere in the Loan Documents, and the parties shall proceed under the Loan Documents as if no default has occurred. Notwithstanding Lender’s obligation to terminate its remedies upon a cure as set forth above, Lender shall have no obligation to suspend or delay its enforcement of its rights and remedies under the Loan Documents and at law during any applicable cure period after the expiration of the initial ten Banking Business Days. In no event shall Borrowers have the right to cure Events of Default more than three times during the term of this Agreement. An Event of Default in respect of any default subject to cure shall not exist during any applicable cure period. If the cure period expires without Borrowers having cured the Event of Default and the Event of Default is not waived, the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred. Furthermore, if during the cure period any proceeding is commenced or petition filed under any bankruptcy or insolvency law by or against Borrowers, the cure period shall terminate upon such commencement or filing and the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred.

Appears in 1 contract

Samples: Loan Agreement (Clarus Corp)

Cure Periods. Borrowers shall not be entitled to any notice of an Event of Default. Borrowers shall not have any right to cure For any Event of Default under Section 7.1(a), (f), (g), (h), (i), or (j). For any other than an Event of DefaultDefault arising from the failure of Factor to make a payment to Bank when due, Borrowers Factor may cure such default within ten fifteen (1015) Banking Business Days of the occurrence receipt of the defaultwritten notice from Bank of such default (“Default Notice”), or if it is commercially unreasonable to cure such default within ten Banking such fifteen (15) Business Days and Days, then, with LenderBank's consent, within such longer period of time as the parties may mutually agree is reasonably necessary to accomplish the cure, provided that: (i) Borrowers Factor promptly commence commences such cure, cure upon receipt of the Default Notice; and (ii) such cure period does not exceed 90 sixty (60) days under any circumstances, ; and (iii) Borrowers Factor shall pay to Lender Bank all of LenderBank’s reasonable costs to confirm and ensure that the Event of Default default has been cured. If an Event of Default is curedcured to the satisfaction of Bank, provided Borrowers Factor immediately pay pays all of LenderBank’s reasonable damages to date and enforcement costs, including reasonable attorneys’ fees, incurred through the date Lender Bank received notice of the cure, Lender Bank shall cease its enforcement actions and remedies, including any acceleration remedy provided herein or elsewhere in the Loan Documentsthis Agreement, and the parties shall proceed under the Loan Documents this Agreement as if no default has occurred. Notwithstanding LenderBank’s obligation to terminate its remedies upon a satisfactory and timely cure as set forth above, Lender Bank shall have no obligation to suspend or delay its enforcement of its rights and remedies under the Loan Documents this Agreement and at law during any applicable cure period after the expiration of the initial ten Banking Business Daysperiod. In no event shall Borrowers Factor have the right to cure an more than three (3) Events of Default more than three times during the term of this Agreement. An Event If Bank deems itself to be insecure under the terms of Default this Agreement, Bank may require Factor to post a bond in respect of any default subject an amount not less than One Hundred Twenty Five Percent (125%) the amount alleged to cure shall not exist during any applicable cure period. If the cure period expires without Borrowers having cured the Event of Default be due and the Event of Default is not waived, the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred. Furthermore, if during the cure period any proceeding is commenced or petition filed under any bankruptcy or insolvency law by or against Borrowers, the cure period shall terminate upon such commencement or filing and the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurredowing.

Appears in 1 contract

Samples: Rediscount Facility Agreement (Anchor Funding Services, Inc.)

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Cure Periods. Borrowers shall not be entitled to any notice of an Event of Default. Borrowers shall not have any right to cure For any Event of Default under Section 7.1(a), (f), (g), (h), (i), or (j). For any other than an Event of DefaultDefault arising from the failure of Borrower to make a payment to Lender when due, Borrowers Borrower may cure such default within ten (10) 10 Banking Business Days of the occurrence receipt of the defaultwritten notice from Lender of such default (a “Default Notice”), or if it is commercially unreasonable to cure such default within ten 10 Banking Business Days and with Lender's ’s consent, within such longer period of time as is reasonably necessary to accomplish the cure, provided (i) Borrowers Borrower promptly commence commences such curecure upon receipt of the Default Notice, (ii) such cure period does not exceed 90 days under any circumstances, and (iii) Borrowers Borrower shall pay to Lender all of Lender’s reasonable costs to confirm that the Event of Default has been cured. If an Event of Default is cured, provided Borrowers Borrower immediately pay pays all of Lender’s Lenders reasonable enforcement costs, including attorneys’ fees, incurred through the date Lender received notice of the cure, Lender shall cease its enforcement actions and remedies, including any acceleration remedy provided herein or elsewhere in the Loan Documents, and the parties shall proceed under the Loan Documents as if no default has occurred. Notwithstanding Lender’s obligation to terminate its remedies upon a cure as set forth above, Lender shall have no obligation to suspend or delay its enforcement of its rights and remedies under the Loan Documents and at law during any applicable cure period after the expiration of the initial ten Banking Business Daysperiod. In no event shall Borrowers Borrower have the right to cure Events of Default more than three (3) times during the term of this Agreement. An Event of Default in respect of any default subject to cure shall not exist during any applicable cure period. If the cure period expires without Borrowers having cured the Event of Default and the Event of Default is not waived, the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred. Furthermore, if during the cure period any proceeding is commenced or petition filed under any bankruptcy or insolvency law by or against Borrowers, the cure period shall terminate upon such commencement or filing and the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred.

Appears in 1 contract

Samples: Loan Agreement (inContact, Inc.)

Cure Periods. Borrowers shall not be entitled to any notice of an Event of Default. Borrowers shall not have any right to cure For any Event of Default under Section 7.1(a), (f), (g), (h), (i), or (j). For any other than an Event of DefaultDefault arising from the failure of Borrower to make a payment to Lender when due, Borrowers Borrower may cure such default within ten (10) Banking Business Days of the occurrence receipt of the defaultwritten notice from Lender of such default (a “Default Notice”), or if it is commercially unreasonable to cure such default within ten (10) Banking Business Days and with Lender's consent, within such longer period of time as is reasonably necessary to accomplish the cure, provided (i) Borrowers Borrower promptly commence commences such curecure upon receipt of the Default Notice, (ii) such cure period does not exceed 90 ninety (90) days under any circumstances, and (iii) Borrowers Borrower shall pay to Lender all of Lender’s reasonable costs to confirm that the Event of Default has been cured. If an Event of Default is cured, provided Borrowers Borrower immediately pay pays all of Lender’s Lenders reasonable enforcement costs, including attorneys’ fees, incurred through the date Lender received notice of the cure, Lender shall cease its enforcement actions and remedies, including any acceleration remedy provided herein or elsewhere in the Loan Documents, and the parties shall proceed under the Loan Documents as if no default has occurred. Notwithstanding Lender’s obligation to terminate its remedies upon a cure as set forth above, Lender shall have no obligation to suspend or delay its enforcement of its rights and remedies under the Loan Documents and at law during any applicable cure period after the expiration of the initial ten Banking Business Daysperiod. In no event shall Borrowers Borrower have the right to cure Events of Default more than three (3) times during the term of this Agreement. An Event of Default in respect of any default subject to cure shall not exist during any applicable cure period. If the cure period expires without Borrowers having cured the Event of Default and the Event of Default is not waived, the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred. Furthermore, if during the cure period any proceeding is commenced or petition filed under any bankruptcy or insolvency law by or against Borrowers, the cure period shall terminate upon such commencement or filing and the Event of Default shall be deemed to have occurred as of the date the event or omission giving rise to the Event of Default first occurred.

Appears in 1 contract

Samples: Loan Agreement (inContact, Inc.)

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