Incapacity away from Providers to execute otherwise conform to any identity or standing within Section 5

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Incapacity away from Providers to execute otherwise conform to any identity or standing within Section 5

six.18 Rent Formspany shall maybe not acquire Apartments that are not registered toward to the types of appropriate Lease Contract attached hereto since the Exhibit G given that revised (into the the total amount not banned hereunder).

Violation out of Certain Covenants

6.19 Next Factory Business. In case your Vendor otherwise any Associate out of Subsidiary thereof switches into any amendment, waiver otherwise amendment with the Next Factory Studio to incorporate credit ft qualifications criteria that will be a whole lot more limiting on the Provider or people User otherwise Part thereof as compared to terms of so it Arrangement (such as for instance modification being also known as a great “Factory Modification”), following so it Contract will immediately end up being deemed modified so you can include like alot more restricted eligibility requirements. Timely in zero event more than four Business days pursuing the new execution of any amendment on the 2nd Facility Facility documents getting for a factory Amendment, the company will give new Management Broker and every Bank which have a copy of these amendment, in addition to for the an effective redacted foundation if necessary because of the privacy restrictions of these document.

six.20 Restricted Payments. None Merchant neither Providers usually allow Parent to help you claim otherwise build, or commit to spend otherwise generate, really or ultimately, one Limited Payment, or sustain any obligations (contingent or otherwise) to achieve this.

Breach of Representations, etc

(a) Inability while making Repayments 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 https://paydayloanscalifornia.org/cities/torrance/ (30) days after its due date, any other amount due hereunder; or

(i) Incapacity from Vendor otherwise people Part from Merchant to spend whenever owed people principal away from or appeal toward or other amount payable in respect of one or maybe more bits of Indebtedness with a principal count more than $1,100,000, into the for each and every circumstances outside of the sophistication several months, if any, given therefor; or infraction otherwise standard by Merchant otherwise one Subsidiary away from Seller with regards to all other thing title off (1) a minumum of one pieces of Indebtedness with a main count in overabundance $step one,one hundred thousand,100, or (2) people financing arrangement, financial, indenture and other arrangement per eg item(s) of Indebtedness, during the each circumstances outside of the elegance months, if any, provided ergo; or

(ii) Infraction, standard or other comparable thickness by Provider or an affiliate marketer of Vendor around every other file otherwise arrangement that Management Representative or any Lender is actually a party in order to.

(d) One expression or warranty, certification or any other report made otherwise considered made by Team otherwise Seller (otherwise Merchant due to the fact Servicer) in almost any Borrowing from the bank File or even in any declaration or certificate during the anytime offered by Team otherwise Vendor (or Vendor since the Servicer) in writing pursuant hereto otherwise thereto or even in partnership herewith or therewith should be not true in every issue value, except that people symbol, guarantee, degree and other statement that’s qualified of the materiality or “Situation Bad Impression”, whereby, such sign, guarantee, certification or other declaration are genuine and you can right in all areas, within the for each case, as of the newest date generated or deemed produced and you may such standard should not have come remedied or waived within thirty (30) months following the before away from (i) a third party Officer from Company or Vendor to get aware of particularly standard, otherwise (ii) receipt because of the Team out-of created observe on the Administrative Broker otherwise people Financial of such standard; otherwise