Common use of Failure by Clause in Contracts

Failure by. (i) the Borrower, (ii) the Board of Directors; or (iii) the Company to comply in a timely manner with any term, condition, requirement or obligation contained in this Undertaking shall constitute an Event of Default pursuant to Section 17.1(q) of the Loan Agreement and the Bank shall be entitled to exercise any remedy available to it under the Loan Agreement, the Security Documents or at law or equity.

Failure by. (i) the Borrower, ; (ii) the Board of Directors; or (iii) the Company to comply in a timely manner with any term, condition, requirement or obligation contained in this Undertaking shall constitute an Event of Default pursuant to Section 17.1(q) of the Loan Agreement and the Bank shall be entitled to exercise any remedy available to it under the Loan Agreement, the Security Documents or at law or equity.