Certain Defaults Sample Clauses

Certain Defaults. In the event a default by the Tenant occurs in the performance or observance of any non-monetary term, covenant, condition or agreement on the Tenant’s part to be performed under this Lease which cannot practicably be cured by the Permitted Leasehold Mortgagee without taking possession of the Premises, or if such non-monetary default is of such a nature that the same is not susceptible of being cured by the Permitted Leasehold Mortgagee because it is personal to Tenant, then Landlord shall not serve a notice of election to terminate this Lease or Tenant’s right of possession pursuant to the terms hereof, or otherwise terminate the leasehold estate or any other estate, right, title or interest of the Tenant hereunder by reason of such default without allowing the Permitted Leasehold Mortgagee reasonable time (not to exceed one hundred eighty (180) calendar days from the date on which notice is received by the Permitted Leasehold Mortgagee) within which: a) In the case of a default which cannot practically be cured by the Permitted Leasehold Mortgagee without taking possession of the Premises, to obtain possession of the Premises as mortgagee (through the appointment of a receiver or otherwise), and, upon obtaining possession, to commence promptly and diligently prosecute to completion such action as may be necessary to cure such default; and b) In the case of a default which cannot be cured by the Permitted Leasehold Mortgagee because it is personal to Tenant, to commence promptly and diligently prosecute to completion foreclosure proceedings or to acquire the Tenant’s estate hereunder, either in its own name or through a nominee, by assignment in lieu of foreclosure.

Certain Defaults. Nothing herein contained shall require any Mortgagee or its designee as a condition to its exercise of rights hereunder to cure any Event of Default which by its terms is not reasonably susceptible of being cured by such Mortgagee or such designee in order to comply with the provisions of Sections

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. 18 3.15 INSURANCE................................................. 18 3.16

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. 16 SECTION 7. THE ADMINISTRATIVE AGENT ........................ 16

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 ▇▇▇ ▇▇▇▇▇ 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. 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.