Common use of Failure to Perform Clause in Contracts

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 17 contracts

Sources: Loan and Security Agreement (Dynacq Healthcare Inc), Reducing Revolver Loan and Security Agreement (Rent a Wreck of America Inc), Loan and Security Agreement (Novo Mediagroup Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 8 contracts

Sources: Annual Report, Loan and Security Agreement (Stockeryale Inc), Loan and Security Agreement (Stockeryale Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 5 contracts

Sources: Line of Credit Extension Agreement (Lakeland Industries Inc), Wcma Line of Credit Increase (Sel-Leb Marketing Inc), Term Loan and Security Agreement (Data Conversion Laboratory)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Term WCMA Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) 10 Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 3 contracts

Sources: Cash Flow Covenant (U S Long Distance Corp), Loan and Security Agreement (Faro Technologies Inc), Term Loan Agreement (DCC Compact Classics Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) 10 Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 3 contracts

Sources: Loan and Security Agreement (Data Conversion Laboratory), Loan and Security Agreement (American Eco Corp), Loan Agreement (Skymall Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Term WCMA Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 2 contracts

Sources: Term Wcma Loan Agreement (Duramed Pharmaceuticals Inc), Term Wcma Loan and Security Agreement (Cd Warehouse Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Term WCMA Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), Paragraph) and such default shall continue unremedied for ten (10) 10 Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Sources: Term Wcma Loan and Security Agreement (Barbeques Galore LTD)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Term Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Sources: Loan Agreement (Sel-Leb Marketing Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.,

Appears in 1 contract

Sources: Loan Agreement (Stockeryale Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Term Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Sources: Loan Agreement (Telecomm Industries Corp)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement Agreement, the Note or any of the other Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Sources: Term Loan and Security Agreement (Laser Pacific Media Corp)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this the Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) 10 Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Sources: Loan and Security Agreement (Infodata Systems Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this Section), and such default shall continue unremedied for ten (10) 10 Business Days after written notice thereof shall have been given by MLBFS to Customer.,

Appears in 1 contract

Sources: Loan Agreement (Minimed Inc)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this SectionParagraph), and such default shall continue unremedied for ten (10) 10 Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Sources: Term Wcma Loan and Security Agreement (Barbeques Galore LTD)

Failure to Perform. Customer or any Guarantor shall default in the performance or observance of any covenant or agreement on its part to be performed or observed under this Loan Agreement or any of the Additional Agreements (not constituting an Event of Default under any other clause of this SectionSection ), and such default shall continue unremedied for ten (10) Business Days after written notice thereof shall have been given by MLBFS to Customer.

Appears in 1 contract

Sources: Loan and Security Agreement (Genesis Media Group Inc /De/)