Non-Monetary Default. The occurrence of any of the following, except to the extent constituting a Monetary Default: (a) any failure of a Party to perform any of such Party’s obligations under this Agreement; (b) any failure of a Party to comply with any material restriction or prohibition in this Agreement; or (c) any other event or circumstance that, with passage of time or giving of Notice, or both, would constitute a breach of this Agreement by a Party.
Non-Monetary Default. Failure in the performance of any of the agreements, conditions, covenants, provisions or stipulations contained in the Loan Documents which is not cured within one hundred twenty (120) days from written notice thereof from the Lender to the Borrower.
Non-Monetary Default. If the default is of a non-monetary nature (for so long as such non-monetary default is not caused by a Proceeding of or involving Senior Borrower or during such Non-Monetary Cure Period a Proceeding of or involving Senior Borrower does not occur), each Junior Lender shall have until the later of (a) ten (10) Business Days from the receipt (or deemed receipt) of the Senior Loan Default Notice and (b) the expiration of the Senior Borrower’s cure period to cure such non-monetary default (a “Non-Monetary Cure Period”); provided, however, if such non-monetary default cannot reasonably be cured within such period or if no cure period is provided and, if applicable, curative action was commenced by such Junior Lender within the Non-Monetary Cure Period and, if there is a cure period, is being diligently pursued by a Junior Lender (or with respect to a non-monetary default that is not susceptible of cure, if a Junior Lender shall be diligently pursuing the foreclosure of its Equity Collateral and such non-monetary default does not materially impair the value, use or operation of the Premises, all as determined in the reasonable judgment of Senior Lender), then such Junior Lender only shall be given an additional period of time as is reasonably necessary for such Junior Lender in the exercise of due diligence to cure such non-monetary default (or, in the case of any such non-monetary default as described above that is not susceptible of cure, then such Junior Lender shall be given an additional period of time as is reasonably necessary for such Junior Lender in the exercise of due diligence to complete such foreclosure), for so long as (1) such Junior Lender diligently and expeditiously proceeds to cure such non-monetary default (or with respect to a non-monetary default that is not susceptible of cure, if such Junior Lender shall be diligently pursuing the foreclosure of its Equity Collateral and after foreclosure of its Equity Collateral diligently pursues the cure of such non-monetary default, and such non-monetary default does not materially impair the value, use or operation of the Premises, all as determined in the reasonable judgment of Senior Lender), (2) timely payment of Senior Lender’s regularly scheduled monthly interest and amortization payments under the Senior Loan and any other amounts due under the Senior Loan Documents is made, (3) such additional period of time does not exceed sixty (60) days, unless such non-monetary default is of a nature that...
Non-Monetary Default. Any Non-Monetary Default, other than those specifically addressed in Section 2.21.2, Section 2.21.3, or Section 2.21.4, that is not cured within thirty (30) days after Notice to the Party in Default describing the Non-Monetary Default in reasonable detail. In the case of such a Non-Monetary Default that cannot with reasonable diligence be cured within thirty (30) days after the effective date of a Notice of Default, the Party asserted to be in Default shall only be in Default if such Party does not do all of the following: (a) within thirty (30) days after Notice of such Non-Monetary Default, advise the other Party of the intention of the Party in Default to take all reasonable steps to cure such Non-Monetary Default;
Non-Monetary Default. A violation by the Student of any of the other terms and conditions of this Agreement, unless such violation is, in the College’s sole judgment, curable and the Student does cure such violation to the College’s satisfaction during the Three-Day Period;
Non-Monetary Default. If any representation or warranty provided for herein proves to be materially inaccurate, or if either party breaches any non-monetary covenant provided for herein or defaults in the performance of any non-monetary term, condition, or provision of this Agreement and the default is not cured within thirty (30) days (if capable of being cured within that time) after the non-defaulting party gives written notice to the defaulting party of such default, the non-defaulting party shall have the right to terminate this Agreement immediately upon the expiration of such thirty (30) day period. If the nature of the default is such that more that thirty (30) days are required for cure, the non-defaulting party shall have the right to terminate upon written notice if the defaulting party fails to commence efforts to cure such default within the thirty (30) day period and in any event such cure is not completed within 75 days of the commencement of such 30-day period.
Non-Monetary Default. The term "Non-Monetary Default" means any failure by Tenant to comply with any terms or provisions of, or perform as required by, this Restated Lease, other than a Material Monetary Default or a Non-Material Monetary Default. A Bankruptcy Default shall be considered a Non-Monetary Default.
Non-Monetary Default. The Purchaser shall be deemed to be in default of performance of its obligations under this Agreement in the following cases:
Non-Monetary Default. The Borrower fails to perform or observe any obligation of the Borrower to the Agent or the Banks under the Credit Documents (other than as set forth in subsection (a), above) or any other term, covenant or other provision in any Credit Document in accordance with the terms thereof and, if such default is curable (it being specifically agreed that no default may be cured after the Termination Date), the Borrower fails to cure such default within five days after the earlier to occur of: (i) the knowledge of the Borrower, or (ii) written notice from the Agent (provided, however, nothing herein shall be deemed to require the Agent to give the Borrower notice of any default); or
Non-Monetary Default. Lessee’s default in the performance of or compliance with any of the covenants, agreements, terms, limitations, or conditions of this Lease other than a Monetary Default, and such default shall continue for one hundred eighty (180) days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such failure is such that the same cannot reasonably be cured within such one hundred eighty (180) day period, no Event of Default shall be deemed to have occurred if Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion, although if Lessee commences a cure and subsequently fails to diligently prosecute the cure, then a Non- Monetary Default has occurred; or
