six.18 Book Formspany will maybe not and acquire Leases which are not entered to the to the variety of appropriate Book Arrangement affixed hereto since Display Grams since revised (to your the amount maybe not blocked hereunder).
Violation regarding Specific Covenants
six.19 2nd Factory Business. If for example the Merchant otherwise people Member out of Subsidiary thereof enters into any modification, waiver or modification toward 2nd Warehouse Studio to provide borrowing from the bank feet eligibility requirements which can be even more limiting toward Vendor otherwise any User otherwise Part thereof compared to the terms of so it Arrangement (such amendment becoming named an excellent “Warehouse Modification”), next this Agreement will automatically end up being deemed changed to help you include like significantly more limited eligibility criteria. Promptly but in zero knowledge over five Working days adopting the new performance of any modification towards the Second Facility Studio papers bringing having a facility Amendment, the organization will furnish the fresh new Administrative Agent and each Lender that have a copy of such amendment, as well as toward an excellent redacted base if required of the privacy restrictions of such file.
six.20 Minimal Money. Neither Merchant nor Team commonly enable Mother or father to help you state otherwise build, otherwise agree to shell out otherwise build, actually otherwise indirectly, people Restricted Payment, or incur one obligations (contingent or else) to do this.
Infraction from Representations, etcetera
(a) Failure and make Payments Whenever Due. 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) Inability regarding Merchant or one Part from Vendor to pay whenever owed one prominent away from otherwise focus with the or other amount payable in respect of one or higher bits of Indebtedness having a principal count in excess of $step one,one hundred thousand,100, when you look at the for every single circumstances outside of the sophistication period, if any payday loans in East Point GA, given therefor; otherwise breach otherwise default from the Seller otherwise people Part out of Merchant with respect to various other point term off (1) no less than one pieces of Indebtedness which have a primary matter within the more than $1,100000,one hundred thousand, otherwise (2) one loan arrangement, home loan, indenture and other agreement in accordance with such as for instance items(s) off Indebtedness, when you look at the for each and every case outside of the sophistication several months, or no, considering therefore; or
(ii) Violation, standard or other similar thickness from the Supplier or a joint venture partner from Provider lower than every other file or contract that Administrative Representative otherwise any Bank is actually a celebration in order to.
(d) Any signal or promise, certification or any other report produced otherwise considered created by Providers or Vendor (or Supplier because the Servicer) in almost any Borrowing from the bank Document or even in one report otherwise certificate during the at any time supplied by Providers or Vendor (or Merchant as Servicer) written down pursuant hereto or thereto or in union herewith otherwise therewith are going to be not true in just about any material esteem, aside from people logo, assurance, qualification and other statement that is qualified by the materiality otherwise “Situation Bad Impact”, in which particular case, such signal, assurance, degree or any other report shall be real and you may right in all respects, for the per instance, at the time of the brand new day made otherwise deemed generated and you can such as standard should n’t have come remedied otherwise waived within this thirty (30) months adopting the earlier away from (i) an authorized Officer out of Providers or Seller as conscious of such as standard, otherwise (ii) receipt because of the Organization out-of written notice throughout the Management Representative or one Financial of these default; otherwise
