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Incapacity off Providers to perform or follow one title otherwise condition within Section 5

Incapacity off Providers to perform or follow one title otherwise condition within Section 5

six.18 Book Formspany shall maybe not and obtain Apartments which are not entered towards toward variety of appropriate Rent Contract connected hereto since the Showcase G because amended (to the the total amount not prohibited hereunder).

Breach out-of Particular Covenants

6.19 2nd Factory Facility. In case the Supplier otherwise any User regarding Subsidiary thereof goes into one amendment, waiver otherwise modification towards the Second Warehouse Facility to include borrowing from the bank legs qualifications standards which might be a lot more restrictive for the Merchant otherwise people Affiliate otherwise Subsidiary thereof compared to the regards to this Contract (such as modification being called a “Factory Amendment”), following that it Agreement shall automatically become considered altered to include such as for instance much more limited qualification requirements. Promptly in no feel more than five Business days adopting the the brand new delivery of every amendment for the Next Warehouse Studio records bringing for a factory Amendment, the firm shall give the brand new Management Representative and every Lender having a duplicate of these amendment, including into the a redacted foundation if necessary because of the confidentiality limits of such file.

6.20 Restricted Payments. None Seller neither Business usually enable Parent so you’re able to claim otherwise make, or commit to spend otherwise build, privately or indirectly, one Limited Fee, or sustain one responsibility (contingent or otherwise) to do this.

Breach regarding Representations, etcetera

(a) Incapacity and come up with Payments When Owed. Other than with respect to a Borrowing Base Deficiency, failure by Company to pay (i) when due, the principal of and premium, if any, on any Loan whether at stated maturity (including on the Maturity Date), by acceleration or otherwise; (ii) within three (3) Business Days after its due date, any interest on any Loan or any fee due hereunder; or (iii) within thirty (30) days after its due date, any other amount due hereunder; or

(i) Failure from Seller otherwise any Subsidiary of Provider to spend whenever owed people dominant out of otherwise attract toward or other amount payable in respect of a single or more pieces of Indebtedness which have a main amount in excess of $step one,100000,000, inside the each instance not in the grace months, or no, offered therefor; otherwise violation otherwise standard by Seller otherwise one Subsidiary off Provider with respect to any other material term out of (1) no less than one bits of Indebtedness that have a main matter from inside the excess of $step 1,one hundred thousand,100, otherwise (2) any mortgage arrangement, financial, indenture and other contract according to instance goods(s) away from Indebtedness, inside the for each and every circumstances not in the sophistication period, if any, provided ergo; otherwise

(ii) Infraction, standard or other comparable occurrence by the Provider or an affiliate marketer out-of Provider below any document or arrangement that Management Agent or people Bank try a celebration to.

(d) People signal otherwise warranty, qualification or any other report made otherwise deemed from Business or Provider (otherwise fast payday loans Sunnyvale California Provider once the Servicer) in virtually any Borrowing from the bank File or even in one statement or certificate at the any moment provided by Providers otherwise Merchant (otherwise Merchant once the Servicer) in writing pursuant hereto otherwise thereto or perhaps in partnership herewith otherwise therewith might be not true in every thing esteem, aside from any symbolization, promise, degree or other statement that’s accredited because of the materiality otherwise “Situation Adverse Effect”, in which case, such as representation, assurance, qualification or other declaration is genuine and you will best in every respects, inside for every instance, by the newest big date generated or considered generated and you may like standard will n’t have been remedied or waived within this 30 (30) days after the earlier away from (i) an authorized Manager out of Providers otherwise Supplier to-be aware of such standard, otherwise (ii) bill because of the Company away from composed notice on the Administrative Agent or one Lender of these default; otherwise