Breach of Agreements and Covenants. The Borrower breaches any material agreement, covenant or other material term or condition contained in the Purchase Agreement, this Note, Irrevocable Transfer Agent Instructions or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith or therewith.

Breach of Covenants. If CEO breaches any of the covenants and agreements contained in this [Section 6], then, in addition to any other rights or remedies of USPB, USPB shall have at its option the following specific rights and remedies: # CEO's right to any payments pursuant to [Section 5(d)] [Noncompetition Compensation] may be terminated by USPB; # USPB shall have the right to enforce any legal or equitable remedy (including injunctive relief) that may be available to USPB; and # USPB shall be entitled to relief as necessary to remedy any willful breach of the covenants and agreements under this Section that injures USPB or National Beef Packing Company, LLC or its affiliates.

Breach of Covenants. If the Company breaches any of the material covenants set forth in this [Section 4], and in addition to any other remedies available to the Buyer pursuant to this Agreement which is continuing after the applicable cure period as set forth in the Note, it will be considered an event of default under [Section 4.4] of the Note.

Breach of Certain Covenants. The Borrower shall fail to perform or observe any covenant, condition or agreement contained in [Section 5.01(i), 5.03(b)])] (with respect to the existence of the Borrower or any Subsidiary Guarantor), 5.12 or [Article VI];

Borrower shall fail to perform or comply with any covenant, term, or condition contained in [Article VI] of this Agreement;

Breach of Certain Covenants. The breach by any Borrower of any of the terms or provisions of [Sections 7.1, 7.2(A), 7.2(B), 7.2(C), 7.2(K), 7.2(L), 7.3 or 7.44]4]4]4]4]4]4]4]]4].

Covenants and Agreements as Independent Agreements. Each of the covenants and agreements set forth in this Agreement shall be construed as a covenant and agreement independent of any other provision of this Agreement. The existence of any claim or cause of action of the Participant against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the covenants and agreements that are set forth in this Agreement.

#​ shall furnish to the ​, in form and at intervals as the ​ may request, any information the ​ may reasonably request and allow the ​ to examine, inspect, and copy any of ​’s books and records. ​ shall, at the request of the ​, mark its records and the Collateral to clearly indicate the security interest of the ​ under this Agreement.

Express Covenants and Agreements. Notwithstanding anything contained herein to the contrary, the Parties agree that the following provisions will apply:

SELLERS’ COVENANTS AND AGREEMENTS. Sellers covenant and agree with Purchaser that from the date hereof and until the Closing: