Failure of Organization to do otherwise conform to people name or status within Section 5

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Failure of Organization to do otherwise conform to people name or status within Section 5

6.18 Book Formspany should perhaps not to get Apartments that aren’t entered to your to the form of applicable Lease Contract connected hereto as the Exhibit G because the revised (into the extent not banned hereunder).

Violation out of Particular Covenants

six.19 2nd Facility Facility. In the event your Provider otherwise any Member regarding Subsidiary thereof switches into people modification, waiver otherwise amendment to your Second Warehouse Facility to add credit foot eligibility standards which might be far more limiting towards Provider otherwise one Associate otherwise Part thereof versus regards to it Contract (for example modification becoming called a great “Factory Modification”), following this Contract should immediately feel deemed altered to incorporate such as for example more minimal qualification conditions. Timely however in no feel more five Business days adopting the the new execution of every amendment to the Second Factory Studio files delivering getting a factory Amendment, the company should give the Administrative Agent and every Lender having a duplicate of such amendment, along with on a redacted foundation if necessary of the confidentiality restrictions of such document.

six.20 Minimal Money. None Vendor nor Company often enable Parent in order to state otherwise create, or invest in spend or generate, privately or ultimately, any Limited Payment, or bear people duty (contingent if not) to do this.

Infraction out-of Representations, etcetera

(a) Inability and then make Money 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) Incapacity from Merchant otherwise any Subsidiary of Provider to invest when due one prominent away from otherwise focus towards the or other count payable in respect of a single or more pieces of Indebtedness having a main amount in excess of $1,000,one hundred thousand, for the each case beyond the sophistication months, or no, offered therefor; or breach or default by the Supplier otherwise any Part from Seller with respect to any issue term from (1) no less than one items of Indebtedness having a principal amount for the excess of $1,100,100, otherwise (2) people loan contract, financial, indenture or any other contract based on eg item(s) out-of Indebtedness, during the for each situation outside of the elegance months, or no, offered thus; otherwise

(ii) Violation, standard or other similar occurrence by the Provider otherwise an affiliate marketer of Merchant significantly less than other file or arrangement that Administrative Representative or people Lender was a party so you’re able to.

(d) People icon otherwise assurance, qualification or other statement generated otherwise deemed made by Company or Provider (or Provider due to the fact Servicer) in almost any Borrowing from the bank Document or perhaps in any statement or certificate during the at any time offered by Organization otherwise Supplier (otherwise Provider given that Servicer) in writing pursuant hereto otherwise thereto or in connection herewith or therewith will likely be not true in any topic admiration, except that any logo, warranty, qualification or other declaration that’s accredited from the materiality or “Issue Negative Impact”, in which case, such as for instance expression, assurance, certification and other declaration shall be true and you will proper in every areas, inside the for every single circumstances, by this new day produced or considered generated and instance default will not have come remedied otherwise waived inside thirty (30) months adopting the prior to away from (i) an authorized Manager of Business or Seller becoming aware of particularly standard, or (ii) acknowledgment by the Company off written observe regarding the Management Agent or any Bank of such standard; otherwise