six.18 Lease Formspany will perhaps not and acquire Renting that aren’t registered to the to your sort of appropriate Lease Agreement affixed hereto because the Exhibit G while the revised (into the the amount not prohibited hereunder).
Violation out of Certain Covenants
6.19 Next Factory Business. When your Merchant or people Representative off Part thereof goes into one amendment, waiver otherwise amendment towards 2nd Warehouse Facility to add borrowing feet qualifications requirements that will be a whole lot more restrictive toward Supplier or one Affiliate otherwise Subsidiary thereof than the terms of this Contract (including amendment becoming referred to as a “Facility Amendment”), following which Arrangement should instantly feel deemed altered to help you contain such as for instance more limited qualification conditions. Timely however in zero enjoy over five Business days after the this new execution of every modification on Next Factory Studio files getting for a factory Modification, the organization should give the brand new Administrative Representative and each Bank which have a duplicate of these amendment, together with on the a redacted foundation if necessary by the confidentiality limits of these file.
six.20 Minimal Money. Neither Seller neither Providers often enable Mother so you’re able to state or create, otherwise commit to pay otherwise create, myself or indirectly, people Restricted Fee, otherwise bear people duty (contingent or else) to accomplish this.
Breach away from Representations, etcetera
(a) Inability to make Costs Whenever 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 out of Seller otherwise one Subsidiary off Provider to invest when due one prominent off or attract to your or other amount payable according of a single or even more pieces of Indebtedness with a principal count in excess of $step one,100000,100000, during the for each and every case beyond the sophistication months, if any, offered therefor; otherwise breach otherwise standard of the Merchant otherwise one Subsidiary from Vendor with respect to various other topic title out of (1) no less than one items of Indebtedness that have a primary count when you look at the excess of $step 1,one hundred thousand,100, otherwise (2) any financing contract, financial, indenture or other contract relating to including items(s) from Indebtedness, within the per situation beyond the sophistication period, or no, provided ergo; or
(ii) Violation, standard or other similar occurrence by the Merchant or an affiliate marketer off Merchant below another file or agreement to which Administrative Broker or one Financial was a celebration to.
(d) Any image otherwise guarantee, degree or any other report made or considered from Providers or Provider (otherwise Vendor because Servicer) in just about any Borrowing Document or perhaps in one statement otherwise certification at at any time supplied by Team or Merchant (otherwise Seller while the Servicer) on paper pursuant hereto otherwise thereto or in connection herewith otherwise therewith is going to be untrue in almost any matter value, besides one representation, assurance, degree or other declaration that’s licensed of the materiality otherwise “Thing Negative Perception”, https://paydayloanpennsylvania.org/cities/sinking-spring/ whereby, for example expression, assurance, certification or other statement is going to be genuine and you can correct in all respects, within the each case, as of the newest big date produced or considered generated and you can like standard will n’t have been remedied otherwise waived within this thirty (30) weeks pursuing the earlier away from (i) a third party Officer regarding Organization or Supplier are familiar with such as for instance standard, or (ii) receipt from the Team away from created find regarding the Management Representative otherwise one Financial of these standard; or