Common use of Default in Performance Clause in Contracts

Default in Performance. (i) The Borrower or the Parent shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.8, Section 8.1, Section 8.2, Section 8.3, Section 8.4(i) or in Article IX or (ii) the Borrower, the Parent 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 and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Borrower has received written notice of such failure from the Agent.

Appears in 9 contracts

Sources: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

Default in Performance. (i) The Borrower Parent or the Parent Borrower shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.87.13., Section 8.1, Section 8.2, Section 8.3, Section 8.4(i8.4.(h) or in Article IX IX. or (ii) the BorrowerParent, the Parent 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 and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Parent or the Borrower has received written notice of such failure from the Administrative Agent.

Appears in 4 contracts

Sources: Credit Agreement (CubeSmart, L.P.), Credit Agreement (CubeSmart, L.P.), Term Loan Agreement (U-Store-It Trust)

Default in Performance. (i) The Borrower or the Parent shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.8, Section 8.1, Section 8.2, Section 8.3, Section 8.4(i) or in Article IX or (ii) the Borrower, the Parent 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 and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Borrower has received written notice of such failure from the Agent.

Appears in 2 contracts

Sources: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

Default in Performance. (i) The Borrower or the Parent shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.8, Section 8.1., Section 8.2., Section 8.3., Section 8.4(i8.4.(i) or in Article IX IX. or (ii) the Borrower, the Parent 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 and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Borrower has received written notice of such failure from the Agent.

Appears in 1 contract

Sources: Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

Default in Performance. (i) The Borrower Parent or the Parent Borrower shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.88.13., Section 8.1, Section 8.2, Section 8.3, Section 8.4(i9.4.(h) or in Article IX X. or (ii) the BorrowerParent, the Parent 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 (other than a Security Document) to which it is a party and not otherwise mentioned in this Section and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Parent or the Borrower has received written notice of such failure from the Agent.

Appears in 1 contract

Sources: Credit Agreement (U-Store-It Trust)

Default in Performance. (i) The Borrower Parent or the Parent Borrower shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.87.13., Section 8.1, Section 8.2, Section 8.3, Section 8.4(i8.4.(h) or in Article IX IX. or (ii) the BorrowerParent, the Parent 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 ‌ ​ LEGAL02/42113124v8 ​ not otherwise mentioned in this Section and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Parent or the Borrower has received written notice of such failure from the Administrative Agent.. ​

Appears in 1 contract

Sources: Credit Agreement (CubeSmart, L.P.)

Default in Performance. (i) The Borrower Parent or the Parent Borrower shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.87.5., Section 8.17.6., Section 8.2, Section 8.3, Section 8.4(i7.7. or 8.2.(a) or in Article IX or (ii) the BorrowerParent, the Parent 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 and in the case of this clause (ii) only such failure shall continue for a period of 30 days after the date upon which the Parent or the Borrower has received written notice of such failure from the Agent.

Appears in 1 contract

Sources: Credit Agreement (U-Store-It Trust)