Defaults. The following events shall be “Events of Default”: (a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures; (b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made; (c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or (d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 30 contracts
Sources: Security Agreement (Dih Holding Us, Inc.), Security Agreement (WeTrade Group Inc.), Security Agreement (Recruiter.com Group, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNote) under the DebenturesNote;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a the Secured Party Parties unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 26 contracts
Sources: Security Agreement (La Rosa Holdings Corp.), Security Agreement (Signing Day Sports, Inc.), Security Agreement (Avalon GloboCare Corp.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 24 contracts
Sources: Security Agreement (NRX Pharmaceuticals, Inc.), Security Agreement (Ensysce Biosciences, Inc.), Security Agreement (Greenwave Technology Solutions, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNote) under the DebenturesNote;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 9 contracts
Sources: Security Agreement (SOS Hydration Inc.), Security Agreement (ASTROTECH Corp), Security Agreement (ASTROTECH Corp)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five fifteen (515) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 9 contracts
Sources: Security Agreement (Madison Technologies Inc.), Security Agreement (Verb Technology Company, Inc.), Security Agreement (Charge Enterprises, Inc.)
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 9 contracts
Sources: Security Agreement (Terra Tech Corp.), Security Agreement (Global Axcess Corp), Security Agreement (Knockout Holdings, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes or in any other Transaction Document) under the DebenturesNotes or any other Transaction Document;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations Secured Obligations hereunder for five (5) days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 7 contracts
Sources: Security and Pledge Agreement (Viking Energy Group, Inc.), Security and Pledge Agreement (Camber Energy, Inc.), Security and Pledge Agreement (Camber Energy, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 6 contracts
Sources: Convertible Security Agreement (Harrison Vickers & Waterman Inc), Security Agreement (Reign Sapphire Corp), Security Agreement (Harrison Vickers & Waterman Inc)
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 5 contracts
Sources: Security Agreement (Ecotality, Inc.), Security Agreement (Telanetix,Inc), Security Agreement (Universal Energy Corp.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence and continuance of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) 20 days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 4 contracts
Sources: Security Agreement (White River Energy Corp.), Security Agreement (White River Energy Corp.), Security Agreement (White River Energy Corp.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any and Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 4 contracts
Sources: Security Agreement (Aspire Biopharma Holdings, Inc.), Security Agreement (Scienture Holdings, Inc.), Security Agreement (Incannex Healthcare Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesDebenture) under the DebenturesDebenture;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 4 contracts
Sources: Security Agreement (Propanc Health Group Corp), Security Agreement (Propanc Health Group Corp), Security Agreement (Tripath Technology Inc)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) business days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any material liability or obligation purported to be created under this Agreement.
Appears in 4 contracts
Sources: Security Agreement (AtheroNova Inc.), Security Agreement (AtheroNova Inc.), Security Agreement (Trist Holdings, Inc.)
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the DebenturesDebenture) under the DebenturesDebenture;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Silverstar Holdings LTD), Security Agreement (Silverstar Holdings LTD), Security Agreement (Consolidated Energy Inc)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five ten (510) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 4 contracts
Sources: Security Agreement (FireFly Automatix, Inc.), Security Agreement (FireFly Automatix, Inc.), Security Agreement (FireFly Automatix, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any and Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Trio Petroleum Corp.), Securities Purchase Agreement (Trio Petroleum Corp.), Security Agreement (Sharps Technology Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five twenty (520) days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 3 contracts
Sources: Security Agreement (Lexaria Corp.), Security Agreement (Lexaria Corp.), Security Agreement (Lexaria Corp.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days Business Days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 3 contracts
Sources: Security Agreement (Givbux, Inc.), Security Agreement (Givbux, Inc.), Security Agreement (Cyber App Solutions Corp.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five ten (510) business days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any and Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 3 contracts
Sources: Security Agreement (DevvStream Corp.), Security Agreement (DevvStream Corp.), Security Agreement (Firefly Neuroscience, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days Business Days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 3 contracts
Sources: Security Agreement (High Wire Networks, Inc.), Security Agreement (High Wire Networks, Inc.), Security Agreement (Bloomios, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the DebenturesNote);
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days Business Days after delivery to such Debtor of written notice of describing such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 3 contracts
Sources: Security Agreement (Curative Biotechnology Inc), Security Agreement (Curative Biotechnology Inc), Security Agreement (Curative Biotechnology Inc)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor it of notice of such failure by or on behalf of a the Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (Helix TCS, Inc.), Security Agreement (Helix TCS, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best commercially reasonable efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (Blue Calypso, Inc.), Securities Purchase Agreement (PLC Systems Inc)
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the DebenturesDebenture) under the DebenturesDebenture;
(b) Any representation or warranty of any Debtor in this Security Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Security Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Security Agreement.
Appears in 2 contracts
Sources: Security Agreement (Practicexpert Inc), Security Agreement (Practicexpert Inc)
Defaults. The following events shall be “"Events of Default”" under this Agreement:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debenturesany Debenture;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;; or
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) 15 days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (Western Power & Equipment Corp), Security Agreement (Western Power & Equipment Corp)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If Subject to the terms of the Permitted Liens, if any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (Content Checked Holdings, Inc.), Security Agreement (Boldface Group, Inc.)
Defaults. The following events shall be “Events of Default”"EVENTS OF DEFAULT":
(a) The occurrence of an Event of Default (as defined in the DebenturesDebenture) under the DebenturesDebenture;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (Secured Services Inc), Security Agreement (Armor Electric, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days Business Days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (Theralink Technologies, Inc.), Security Agreement (Theralink Technologies, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of written notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (Prairie Operating Co.), Security Agreement (Wizard World, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (QPC Lasers), Security Agreement (QPC Lasers)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNote) under the DebenturesNote;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) business days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any material liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (Saleen Automotive, Inc.), Security Agreement (Casita Enterprises, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) business days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (Green Ballast, Inc.), Security Agreement (Axis Technologies Group Inc)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five four (54) business days after delivery to such Debtor Debtor, by Agent, of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (xG TECHNOLOGY, INC.), Security Agreement (xG TECHNOLOGY, INC.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence and continuance of an Event of Default (as defined in the Debentures) under Note)under the DebenturesNote;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) 20 days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (CV Sciences, Inc.), Security Agreement (CV Sciences, Inc.)
Defaults. The following events shall be “Events of Default”"EVENTS OF DEFAULT":
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Tarrant Apparel Group), Security Agreement (Tarrant Apparel Group)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesDebenture) under the DebenturesDebenture;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (ADVANCED MEDICAL ISOTOPE Corp), Security Agreement (ADVANCED MEDICAL ISOTOPE Corp)
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the DebenturesDebenture) under the DebenturesDebenture;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five twenty (520) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best commercially reasonable efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (Cdknet Com Inc), Security Agreement (Cdknet Com Inc)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined set forth in any of the Debentures) under Debentures or any of the DebenturesPurchase Agreements;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the DebenturesNote) under the DebenturesNote;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;; or
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such the Debtor of notice of such failure by or on behalf of a the Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or.
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any Debtor it has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (World of Tea)
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the DebenturesDebenture) under the DebenturesDebenture;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the DebenturesDebentures that continues beyond applicable cure periods;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five ten (510) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”"EVENTS OF DEFAULT":
(a) The occurrence of an Event of Default (as defined in the DebenturesNote) under the DebenturesNote;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesAE Note) under the DebenturesAE Note;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Audioeye Inc)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined set forth in any of the Debentures) under Debentures or the DebenturesPurchase Agreement;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five thirty (530) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the DebenturesDebenture) under the DebenturesDebenture;
(b) Any material representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five ten (510) days after delivery to such Debtor of written notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion, in which case, such event shall not be an Event of Default; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Electronic Control Security Inc)
Defaults. The following events shall be “Events of Default”"EVENTS OF DEFAULT":
(a) The occurrence of an Event of Default (as defined in the DebenturesNote) under the DebenturesNote;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five three (53) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Environmental Service Professionals, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence and continuance of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five ten (510) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using commercially reasonable best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The Each of the following events shall be constitute an “Events Event of Default”” hereunder:
(a) The occurrence of an any Event of Default (as defined in the DebenturesNote) under the DebenturesNote;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days Business Days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party the Agent unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days Business Days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best commercially reasonable efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any and Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days Business Days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Capital Growth Systems Inc /Fl/)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to materially observe or perform any of its obligations hereunder for five fifteen (515) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Innovative Card Technologies Inc)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the DebenturesDebenture);
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its material obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Sg Blocks, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesLoan Agreement) under the DebenturesLoan Agreement;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined set forth in any of the Debentures) under , the DebenturesFebruary Purchase Agreement or the Purchase Agreement;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five ten (510) business days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNew Note) under the DebenturesNew Note;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five ten (510) business days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Actiga Corp)
Defaults. The following events shall be “"Events of Default”" under this Agreement:
(a) The occurrence of an Event of Default (as defined in the DebenturesDebenture) under the DebenturesDebenture;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five ten (510) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement adversely affecting Secured Party’s security interest on the Collateral shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under Debentures)under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five ten (5) days 10)days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the VPP Debentures) under the VPP Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days Business Days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: VPP Security Agreement (Capital Growth Systems Inc /Fl/)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five ten (510) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best commercially reasonable efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the DebenturesDebenture) under the DebenturesDebenture;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five ten (510) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default:”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Sysorex, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNote) under the DebenturesNote;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;; or
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such the Debtor of notice of such failure by or on behalf of a the Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or.
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any Debtor it has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) business days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Accentia Biopharmaceuticals Inc)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best commercially reasonable efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (CannLabs, Inc.)
Defaults. The following events shall be “"Events of Default”":
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five ten (510) days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNote) under the DebenturesNote;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such Debtor it of notice of such failure by or on behalf of a the Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best commercially reasonable efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Cardax, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Medovex Corp.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five ten (510) days after delivery to such the Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Lexaria Corp.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesDebenture) under the DebenturesDebenture;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) days Business Days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Zerify, Inc.)
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNote) under the DebenturesNote;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) days after delivery to such the Debtor of written notice of such failure by or on behalf of a the Secured Party unless such default is capable of cure but cannot be cured within such time frame and such the Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the Debentures) under the Debentures;
(b) Any representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) business days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any material provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any Debtor, or a proceeding shall be commenced by any Debtor, or by any governmental authority having jurisdiction over any Debtor, seeking to establish the invalidity or unenforceability thereof, or any Debtor shall deny that any Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Defaults. The After the Security Effective Date, the following events shall be “Events of Default”:
(a) The occurrence of an Event of Default (as defined in the DebenturesNotes) under the DebenturesNotes;
(b) Any representation or warranty of any the Debtor in this Agreement shall prove to have been incorrect in any material respect when made;
(c) The failure by any the Debtor to observe or perform any of its obligations hereunder for five (5) business days after delivery to such Debtor of notice of such failure by or on behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best efforts to cure same in a timely fashion; or
(d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by any the Debtor, or a proceeding shall be commenced by any the Debtor, or by any governmental authority having jurisdiction over any the Debtor, seeking to establish the invalidity or unenforceability thereof, or any the Debtor shall deny that any the Debtor has any liability or obligation purported to be created under this Agreement.
Appears in 1 contract
Sources: Security Agreement (Cdex Inc)