Default. If NovAccess fails to repay all amounts loaned under this Agreement on the Due Date, then the balance shall bear interest at 10% per annum and NovAccess agrees to pay, in addition to the principal and interest, reasonable attorneys’ fees and collection costs incurred by Anderson.
Default. It shall constitute a Default of the Lessee if any Guarantor fails or refuses, upon request to provide: # evidence of the execution of the guaranty, including the authority of the party signing on Guarantor's behalf to obligate Guarantor, and in the case of a corporate Guarantor, a certified copy of a resolution of its board of directors authorizing the making of such guaranty, # current financial statements, # an Estoppel Certificate, or # written confirmation that the guaranty is still in effect.
Default. The security constituted by this Pledge Agreement shall become immediately enforceable on the occurrence of an Event of Default under the Credit Facility Agreement.
Default. No Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds thereof.
Default. No Default has occurred or is continuing or would result after giving effect to the Loan;
Default. Both immediately before and immediately after giving effect to this Amendment, no Default or Event of Default shall exist.
Default. Promptly after any officer of any Loan Party has learned of the occurrence of an Event of Default or Potential Default, a certificate signed by an Authorized Officer setting forth the details of such Event of Default or Potential Default and the action which such Loan Party proposes to take with respect thereto.
Default. The occurrence of any of the following (each, an “Event of Default”), shall constitute a default hereunder:
Default. The existence or occurrence of any one or more of the following will constitute an “Event of Default” under this Note:
The Executive Chairperson agrees, at all times during the Term and until the later of three (3) years after the Term expires and the date on which the Designated Holders (defined below) no longer holds equity interests representing at least 30% of the value of the equity interests of the Operating Company (the “Non-disparagement Period”), the Executive Chairperson shall not issue, circulate or publish any false or disparaging statements or remarks about the Company or its products, services, employees, directors, or officers; provided, that, nothing herein shall prohibit the Executive Chairperson from # providing truthful testimony if such testimony is required by law, # making a truthful statement in response to any statement made about the Executive Chairperson in breach of this Section 10, # making statements to other members of the Board or to officers or employees of the Company in the good faith performance of her duties under this Agreement, or # making any normal competitive type statements after the expiration of the Restricted Period that does not otherwise constitute a breach of Section 8 of this Agreement. The directors and executive officers of the Company shall not, during the Non-disparagement Period, issue, circulate or publish any false or disparaging statements or remarks about the Executive Chairperson; provided, that, nothing herein shall prohibit any director or executive officer of the Company from # providing truthful testimony if such testimony is required by law, # making a truthful statement in response to any statement made by the Executive Chairperson in breach of this Section 10, or # making statements to other members of the Board or to any other executive officer or employee of the Company in the good faith performance of his or her duties to the Company, or # making any normal competitive-type statements at a time when the Executive Chairperson is no longer providing any services pursuant to this Agreement. For purposes of this Agreement, “Designated Holder” means # MacAndrews and Forbes; # any Affiliate or subsidiary of MacAndrews and Forbes (collectively with MacAndrews and Forbes (the “M&F Entities”); # Ronald O. Perelman; or # the estate of, Immediate Family (defined below) of, or any other trust or other legal entity the primary beneficiary of which is the Immediate Family of, Ronald O. Perelman. For purposes of this Agreement, “Immediate Family” means, with respect to any individual, the spouse, ex-spouse, children, step-children and their respective lineal descendants.
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