Common use of Default in Performance Clause in Contracts

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained (A) in Article X or Sections 9.1, 9.2, 9.3, or 9.4(d), or (B) in Article IX (excluding Sections 9.1, 9.2, 9.3, and 9.4(d)) and in the case of this subsection (b)(i)(B) only such failure continues for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(ii) only, such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained (A) in Article X IV, Section 8.1 (with respect to the existence of any Loan Party), Section 8.8, Section 8.12., Section 8.14., Section 8.15., Section 9.4(h) or Article X.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Sections 9.1., 9.2, . or 9.3, or 9.4(d), or (B) in Article IX (excluding Sections 9.1, 9.2, 9.3, and 9.4(d)) . and in the case of this subsection (b)(i)(Bb)(ii) only only, such failure continues shall continue for a period of thirty five (305) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative AgentAgent or the Requisite Lenders; or (iiiii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(iib)(iii) only, such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative AgentAgent or the Requisite Lenders.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.1.(i) (Awith respect to the Borrower and the Parent Guarantor), Section 8.8.(b), Section 9.4.(l) or Article X.; (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in Article X or Sections Section 9.1., 9.2., 9.3, . or 9.4(d9.4. (d), (i), (j), (k), (n), (p) or (B) in Article IX (excluding Sections 9.1, 9.2, 9.3, and 9.4(d)q) and in the case of this subsection (b)(i)(B) only such failure continues shall continue for a period of thirty five (305) days Business Days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or (iiiii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this subsection (b)(ii) only, such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.1(i) (Awith respect to the Borrower and the Parent Guarantor), Section 8.8(b), Section 9.4(l) or Article X; (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in Article X or Sections Section 9.1, 9.2, 9.3, 9.3 or 9.4(d9.4 (d), (i), (j), (k), (n), (p) or (B) in Article IX (excluding Sections 9.1, 9.2, 9.3, and 9.4(d)q) and in the case of this subsection (b)(i)(B) only such failure continues shall continue for a period of thirty five (305) days Business Days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or (iiiii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this subsection (b)(ii) only, such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained (A) in Article X X; or (ii) Any Loan Party shall fail to perform or Sections 9.1observe any term, 9.2covenant, 9.3, condition or 9.4(d), agreement on its part to be performed or (B) observed and contained in Article IX (excluding Sections 9.1IX, 9.2, 9.3, and 9.4(d)) and in the case of this subsection (b)(i)(Bb)(ii) only only, such failure continues shall continue for a period of thirty five (305) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower Borrowers or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower Borrowers has received written notice of such failure from the Administrative Agent; or. (iiiii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(iib)(iii) only, such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower Borrowers or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower Borrowers has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained (A) in Article X IV, Section 8.1 (with respect to the existence of any Loan Party), Section 8.8, Section 8.12., Section 8.14., Section 9.4(h) or Article X.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Sections 9.1., 9.2, . or 9.3, or 9.4(d), or (B) in Article IX (excluding Sections 9.1, 9.2, 9.3, and 9.4(d)) . and in the case of this subsection (b)(i)(Bb)(ii) only only, such failure continues shall continue for a period of thirty five (305) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative AgentAgent or the Requisite Lenders; or (iiiii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(iib)(iii) only, such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative AgentAgent or the Requisite Lenders.

Default in Performance. (i) Any Loan Party The Borrower shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed contained in Sections 7.13 or observed and contained (A) 8.3 or in Article X or Sections 9.1, 9.2, 9.3, or 9.4(d)IX, or (Bii) the Borrower shall fail to perform or observe any term, covenant, condition or agreement contained in Article IX (excluding Sections 9.1, 9.2, 9.3, Section 7.7 or Section 7.12 and 9.4(d)) and in the case of this subsection (b)(i)(B) only such failure continues under this Section 10.1(c)(ii) shall continue for a period of thirty five (305) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such Obligor obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or , or (iiiii) Any Loan Party the Borrower or any other Obligor shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this subsection (b)(ii) only, such failure under this Section 10.1(c)(iii) shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such Obligor obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Sections 7.1. (A) in Article X solely with respect to the Parent or Sections 9.1, 9.2, 9.3, or 9.4(dthe Borrower), 7.7., 7.12., 7.14., 8.3., 8.4.(l)(i) or Article IX.; (Bii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Article IX (excluding Sections 9.1, 9.2, 9.3, and 9.4(d)) 8.1. or 8.2. and in the case of this subsection (b)(i)(Bb)(ii) only only, such failure continues shall continue for a period of thirty (30) days five Business Days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of required for performance under such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative AgentSections; or (iiiii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(iib)(iii) only, such failure shall continue for a period of thirty (30) 30 days after the earlier of (x) the date upon which a Responsible Officer of the Parent, the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Parent, the Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.1 (Awith respect to the Borrower and the Parent Guarantor), Section 8.8(b), Section 9.4(l) or Article X; (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in Article X or Sections Section 9.1, 9.2, 9.3, 9.3 or 9.4(d9.4 (d), (i), (j), (k), (n), (p) or (B) in Article IX (excluding Sections 9.1, 9.2, 9.3, and 9.4(d)q) and in the case of this subsection (b)(i)(B) only such failure continues shall continue for a period of thirty five (305) days Business Days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or (iiiii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this subsection (b)(ii) only, such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IX.; orprovided, that the failure of the Borrower to comply with the financial covenant set forth in Section 9.1(g)(i) at any time prior to the 4.50% Senior Notes Repayment Date will not constitute an Event of Default hereunder if (A) in Article X or Sections 9.1such failure is cured within 10 days, 9.2, 9.3, or 9.4(d), or and (B) in Article IX (excluding Sections 9.1, 9.2, 9.3, and 9.4(d)) and in the case of this subsection (b)(i)(B) only such failure continues for a period of thirty (30) days after the earlier of (x) at all times from the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) through the date upon which such failure is cured in accordance with the foregoing clause (A), the Borrower has received written notice maintains Liquidity of such failure from the Administrative Agentnot less than $500,000,000; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(ii) only, such failure shall continue for a period of thirty (30) 30 days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained (Ain Section 7.13, Section 8.3, Section 8.4(g) or in Article X IX; or (ii) the Borrower shall fail to perform or Sections 9.1observe any term, 9.2covenant, 9.3, condition or 9.4(d), agreement contained in Section 7.7 or (B) in Article IX (excluding Sections 9.1, 9.2, 9.3, Section 7.12 and 9.4(d)) and in the case of this subsection (b)(i)(B) only such failure continues under this Section 10.1(c)(ii) shall continue for a period of thirty five (305) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or (iiiii) Any the Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this subsection (b)(ii) only, such failure under this Section 10.1(c)(iii) shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained (A) in Article X X; or (ii) Any Loan Party shall fail to perform or Sections 9.1observe any term, 9.2covenant, 9.3, condition or 9.4(d), agreement on its part to be performed or (B) observed and contained in Article IX (excluding Sections 9.1IX, 9.2, 9.3, and 9.4(d)) and in the case of this subsection (b)(i)(Bb)(ii) only only, such failure continues shall continue for a period of thirty five (305) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent; or. (iiiii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(iib)(iii) only, such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 7.1.(a) (A) in Article X with respect to any Loan Party or Sections 9.1, 9.2, 9.3, or 9.4(dany Eligible Property Subsidiary), Section 9.8., Section 7.11., Section 7.13.(b), Section 7.15., Section 8.4.(j) or Article IX.; (Bii) The Company shall fail to perform or observe any term, covenant, condition or agreement contained in Article IX (excluding Sections 9.1Section 8.1., 9.28.2., 9.3, and 9.4(d)8.3. or 8.4.(d) and in the case of this subsection (b)(i)(B) only such failure continues shall continue for a period of thirty five (305) days Business Days after the earlier of (x) the date upon which a Responsible Officer of the Borrower Company obtains knowledge of such failure or (y) the date upon which the Borrower Company has received written notice of such failure from the Administrative Agent; or (iiiii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, Section and in the case of this subsection (b)(ii) only, such failure shall continue for a period of thirty (30) days after the earlier of (x) the date upon which a Responsible Officer of the Borrower Company obtains knowledge of such failure or (y) the date upon which the Borrower Company has received written notice of such failure from the Administrative Agent.