Breach of Certain Covenants. Failure of any Loan Party to perform or comply with any term or condition contained in Sections 2.11, 2.12, 4.25, 6.01(e), 6.01(f), 6.02(i), 6.144]4]4] or Article VII; or

Breach of Certain Covenants. Failure of any Credit Party to perform or comply with any term or condition contained in [clause (a), (b) or (c) of Section 7.1] (and such default or compliance remains uncured for a period of five (5) Business Days), [Section 7.1(h)], [Section 7.2(a), 7.6, 7.9 or 7.15]5]5], or Article 8.

Breach of Certain Covenants. Failure of any Note Party to perform or comply with any term or condition contained in # [Section 5.1(a), (b), (c), (d), (f), (g), (i), (j), (l), (p), (q) and (r)])])])])])])])])])])])], Section 5.2, Section 5.3, Section 5.5, Section 5.7, [Section 5.8], [Section 5.9], [Section 5.10], [Section 5.11], [Section 5.14], [Section 5.15], or Section 6 or # all other subclauses in Section 5.1 not referred to in [clause (i) above], Section 5.4 and Section 5.6, and, in the case of this clause (ii), such failure shall continue unremedied for a period of five (5) or more days after the earlier of # receipt by Company of notice from any Purchaser of such default and # an Responsible Officer of Company becoming aware of such failure; or

Certain Covenants. The Company covenants that all Common Stock that may be issued upon conversion of Notes shall be issued in book-entry format, shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free from any tax, lien or charge (other than those created by the Purchaser or due to a change in registered owner). The Company shall list or cause to have quoted any shares of Common Stock to be issued upon conversion of Notes on each national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.

Certain Covenants. Any Credit Party defaults in the performance or observance of any covenant contained in [Sections 5.4, 9.1(b) through 9.1(g)] inclusive, 9.1(m), 9.1(n), 9.1(o), 9.1(q)(iii), 9.1(t), 9.1(w), 9.1(x), 9.2(a) through 9.2(d) inclusive, 9.2(e)(i), 9.2(f), 9.2(g), 9.2(i), 9.2(j), 9.2(l), 9.2(n), 9.2(o), 9.2(p), 9.2(q), 9.2(s), 9.2(u) and Section 4 of the Guaranty (solely with respect to the subsections of the September 2018 Guaranty (as defined in the Guaranty) which trigger an “Event of Default” under [Section 8.1(f)] of the September 2018 Credit Agreement (as defined in the Guaranty)); or (g) Covenants. One or more of the Security Parties default in the performance of any term, covenant or agreement contained in this Agreement or in the other Transaction Documents, or in any other instrument, document or other agreement delivered in connection herewith or therewith, in each case other than an Event of Default referred to elsewhere in this [Section 8.1], and such default continues unremedied for a period of fourteen (14) days after the earlier of # actual knowledge thereof by an officer, director or manager of the Security Parties or # the Security Parties having been notified by the Administrative Agent, in each case other than an Event of Default referred to elsewhere in this [Section 8.1]; or

. The occurrence of any violation of any covenant contained in Section 3.2, Section 7.1.12, Section 7.1.13, Section 7.1.14, Section 7.1.15, Section 7.1.16, Section 7.1.19, Section 7.2.3, Section 7.2.4, Section 7.2.5, Section 7.2.6, Section 7.2.7, Article 8, Section 11.15.1 or Section 11.17.

Breach of Certain Covenants. The Company shall fail duly and punctually to perform or observe any agreement, covenant or obligation binding on the Company under:

The Borrower covenants that all shares of Common Stock issued upon conversion will be fully paid and non-assessable by the Borrower and free from all taxes, liens and charges with respect to the issue thereof, except with respect to any U.S. federal withholding taxes which might apply.

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 8(c) (Maintenance of Office), Section 8(d) (Corporate Existence), Section 8(e) (Maintenance of Properties), or Section 8(f) (Transfer of Voting Stock) above, with respect to this Subordinated Note, if before the time for such compliance the Noteholders of at least a majority in aggregate principal amount of the outstanding Subordinated Notes, by act of such Noteholders, either will waive such compliance in such instance or generally will have waived compliance with such term, provision or condition,

Breach of Certain Covenants. Failure of any Loan Party, as required by the relevant provision, to perform or comply with any term or condition contained in [Section 5.01(d)(i)] (provided that, the delivery of a notice of Default or Event of Default at any time will cure such Event of Default arising from the failure to timely deliver such notice of Default or Event of Default, as applicable, but for the avoidance of doubt, will not cure the underlying Default or Event of Default as to which notice was required to be given), Section 5.02 (as it applies to the preservation of the existence of the Borrower), or Article 6; or