Failure. Any failure by Licensee to comply with the obligations set forth in this [Article V] in significant and material respects shall be subject to [Article XIII], and any other available remedies at law or in equity.

Failure to Pay; Failure to Observe Covenants. The Company shall # fail to pay when due any principal payment on the due date hereunder, # fail to pay any interest payment or other payment required under the terms of this Note or any other Transaction Document on the date due, and such payment shall not have been made within five (5) days of the Company's receipt of written notice to the Company of such failure to pay, or # fails to observe or perform any other covenant in the Note or any other Transaction Document due, and such payment or observance shall not have been made within thirty (30) days of the Company's receipt of written notice to the Company of such failure to pay or failure to observe; or

Failure to Elect. If no election as to the Class of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be deemed to be under the Multicurrency Commitments. If no election as to the Currency of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be denominated in Dollars. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be a SOFR Borrowing having an Interest Period of one month and, if an Agreed Foreign Currency has been specified, the requested Syndicated Borrowing shall be a Eurocurrency Borrowing denominated in such Agreed Foreign Currency and having an Interest Period of one month. If a Eurocurrency Borrowing or a SOFR Borrowing is requested but no Interest Period is specified, # if the Currency specified for such Borrowing is Dollars (or if no Currency has been so specified), the requested Borrowing shall be a SOFR Borrowing having an Interest Period of one month’s duration, and # if the Currency specified for such Borrowing is an Agreed Foreign Currency, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Failure to Repay. If a Participant fails to make a loan payment by its due date (other than as described in [Section 4.8(e)]), the total outstanding amount of the loan, together with the

Failure to Act. Except for action expressly required of Administrative Agent hereunder and under the other Financing Agreements, Administrative Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under [Section 12.5] hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Failure to Pay. Borrower shall fail to pay when due any principal, interest or other payment required under the terms of this Agreement or any other Transaction Document on the date due and such payment shall not have been made within three (3) Business Days of the due date; or

Failure to Pay. ​ shall fail to pay # when due, any principal payment on the due date hereunder or # any interest payment or other payment required under the terms of this Note on the date due and such payment shall not have been made within five (5) Business Days of ​'s receipt of written notice to ​ of such failure to pay;

Failure to Exercise. If the Purchasers fail to exercise in full the right of first refusal within the 10‑day period, then the Company will have one hundred twenty (120) days thereafter to sell the New Securities with respect to which the Purchasers’ rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company’s Notice to the Purchasers. If the Company has not issued and sold the New Securities within the 120‑day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchasers pursuant to this [Section 5].

Failure to Elect. If no Interest Period is specified with respect to any requested Loan, the Company shall be deemed to have selected an Interest Period of one month’s duration.

Failure of Consummation. If the Effective Date does not occur, then: # the Plan will be null and void in all respects; # any settlement or compromise embodied in the Plan, assumption of Executory Contracts or Unexpired Leases effected by the Plan, and any document or agreement executed pursuant to the Plan will be null and void in all respects; and # nothing contained in the Plan shall # constitute a waiver or release of any Claims, Interests, or Causes of Action, # prejudice in any manner the rights of any Debtor or any other Entity, or # constitute an admission, acknowledgement, offer, or undertaking of any sort by any Debtor or any other Entity.